Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

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8 Supervision: review, leave and management of people subject to supervision 160 Introduction 160 The law prior to the CMIA—detention at the ‘Governor’s pleasure’ 162 Supervision under the CMIA 164 Review, variation and revocation of orders 167 Leave of absence under supervision orders 178 Monitoring people subject to supervision orders
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper 8. Supervision: review, leave and management of people subject to supervision Introduction 8.1 The terms of reference ask the Commission to consider whether changes should be made to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA) provisions governing supervision and review, including the frequency, form and conduct of reviews and the arrangements for consideration and representation of the various interests involved, including the interests of the community. 1 8.2 Chapter 7 discusses the orders available to the Supreme Court and County Court following a qualified finding of guilt or a verdict of not guilty because of mental impairment. 8.3 This chapter outlines the legislative framework governing the process that follows the making of those orders. In particular, this chapter examines the CMIA provisions on the types of review, frequency of reviews, variation and revocation of supervision orders, leave and the management of people subject to supervision orders. The Commission raises and discusses a number of legal and practical issues relating to these provisions. 8.4 Chapter 9 discusses a number of broad, systemic issues that affect the CMIA supervision regime as a whole. The law prior to the CMIA—detention at the Governor’s pleasure Reviewing Governor’s pleasure orders 8.5 Under the Governor’s pleasure system, people found unfit to plead or not guilty because of insanity were held in strict custody until the Governor’s pleasure was known. People subject to Governor’s pleasure orders with a mental illness were generally referred to a psychiatric inpatient service as a ‘security patient’. People subject to Governor’s pleasure orders with an intellectual disability were referred to a residential institution as a ‘security resident’. 160 1 Chapter 9 discusses the issues regarding the arrangements for consideration and representation of the various interests involved in CMIA matters, including the interests of the community, along with other issues.
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2 The CMIA: background and principl
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2 2.6 For the vast majority of peop
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2 criminal law, 44 and is also reco
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2 Protection of the community 2.62
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2 Family members of people subject
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2 2.94 The CMIA’s therapeutic aim
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2 Principles governing the treatmen
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2 Victorian law Mental Health Act 1
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4 Unfitness to stand trial 52 Intro
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4 The test in Victoria: the ‘Pres
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