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

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9 Decision making and interests under the CMIA 186 Introduction 187 The flexibility in the system 189 Decision making in the CMIA supervision system 201 Representation of interests 208 Suitability of the system for people with an intellectual disability or cognitive impairment 210 Suppression orders and the principle of open justice
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper 9. Decision making and interests under the CMIA Introduction 9.1 The terms of reference ask the Commission to consider whether changes should be made to the provisions governing supervision and review in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA). The Commission has been asked to consider 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. 9.2 Chapter 7 and Chapter 8 discuss process issues regarding the CMIA system of supervision. Chapter 7 focuses on the making of orders and other consequences following findings under the CMIA. Chapter 8 considers a range of issues in the processes for review, leave and the management of people subject to supervision orders. 9.3 However, the CMIA supervision regime as a whole also faces a number of broad, systemic issues. This chapter addresses these issues. The purpose of this chapter is to take a holistic view of the CMIA supervision regime and to encourage comments on what improvements, if any, could be made to it at a systemic level. This chapter addresses the following issues: • flexibility in the system • decision making by the court, Forensic Leave Panel, experts and people responsible for supervision • consideration and representation of various interests involved, including the interests of people subject to supervision orders, victims, family members and the community • suitability of the system for people with intellectual disabilities or cognitive impairments • suppression orders. 186
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2 The CMIA: background and principl
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2 2.94 The CMIA’s therapeutic aim
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