Crimes Mental Impairment consultation paper.pdf - Victorian Law ...
Crimes Mental Impairment consultation paper.pdf - Victorian Law ...
Crimes Mental Impairment consultation paper.pdf - Victorian Law ...
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<strong>Victorian</strong> <strong>Law</strong> Reform Commission<br />
Review of the <strong>Crimes</strong> (<strong>Mental</strong> <strong>Impairment</strong> and Unfitness to be Tried) Act 1997: Consultation Paper<br />
8. Supervision: review, leave and management<br />
of people subject to supervision<br />
Introduction<br />
8.1 The terms of reference ask the Commission to consider whether changes should be<br />
made to the <strong>Crimes</strong> (<strong>Mental</strong> <strong>Impairment</strong> and Unfitness to be Tried) Act 1997 (Vic) (CMIA)<br />
provisions governing supervision and review, including the frequency, form and conduct<br />
of reviews and the arrangements for consideration and representation of the various<br />
interests involved, including the interests of the community. 1<br />
8.2 Chapter 7 discusses the orders available to the Supreme Court and County Court<br />
following a qualified finding of guilt or a verdict of not guilty because of mental<br />
impairment.<br />
8.3 This chapter outlines the legislative framework governing the process that follows the<br />
making of those orders. In particular, this chapter examines the CMIA provisions on the<br />
types of review, frequency of reviews, variation and revocation of supervision orders,<br />
leave and the management of people subject to supervision orders. The Commission<br />
raises and discusses a number of legal and practical issues relating to these provisions.<br />
8.4 Chapter 9 discusses a number of broad, systemic issues that affect the CMIA supervision<br />
regime as a whole.<br />
The law prior to the CMIA—detention at the Governor’s pleasure<br />
Reviewing Governor’s pleasure orders<br />
8.5 Under the Governor’s pleasure system, people found unfit to plead or not guilty because<br />
of insanity were held in strict custody until the Governor’s pleasure was known. People<br />
subject to Governor’s pleasure orders with a mental illness were generally referred to a<br />
psychiatric inpatient service as a ‘security patient’. People subject to Governor’s pleasure<br />
orders with an intellectual disability were referred to a residential institution as a ‘security<br />
resident’.<br />
160<br />
1 Chapter 9 discusses the issues regarding the arrangements for consideration and representation of the various interests involved in CMIA<br />
matters, including the interests of the community, along with other issues.
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