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

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Q Issues specific to the Presser criteria 8 If the unfitness to stand trial test remains the same, are changes required to the Presser criteria 9 Should the criteria for unfitness to stand trial exclude the situation where an accused person is unable to understand the full trial process but is able to understand the nature of the charge, enter a plea and meaningfully give instructions to their legal adviser and the accused person wishes to plead guilty to the charge 10 Do any procedural, ethical or other issues arise in creating this exclusion from the unfitness to stand trial test 11 Are changes required to improve the level of support currently provided in court in trials for people who may be unfit to stand trial 12 What would be the cost implications of any increase in support measures 13 Should the availability of support measures be taken into consideration when determining unfitness to stand trial 14 What changes can be made, if any, to enhance the ability of experts to assess an accused person’s unfitness to stand trial Requirement to ‘plead’ in a committal proceeding 15 Is there a need for a uniform procedure in committal proceedings where a question of unfitness to stand trial is raised 16 What procedure should apply where a question of an accused person’s unfitness to stand trial is raised in a committal proceeding The role of lawyers in the process for determining unfitness to stand trial 17 What ethical issues do lawyers face in the process for determining unfitness to stand trial 18 What is the best way of addressing these ethical issues from a legislative or policy perspective The role of experts in the process for determining unfitness to stand trial 19 Are there any issues that arise in relation to the role of experts and expert reports in the process of determining unfitness to stand trial Jury involvement in all investigations of unfitness to stand trial 20 Should the CMIA provide for a procedure where unfitness to stand trial is determined by a judge instead of a jury If yes: (a) should the process apply only where the prosecution and the defence agree that the accused person is unfit to stand trial or should a jury not be required in other circumstances (b) what safeguards, if any, should be included in the process 223
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper A ‘consent mental impairment’ hearing following a finding of unfitness to stand trial 21 Should a ‘consent mental impairment’ hearing be available following a finding of unfitness to stand trial The length of the process 22 In your experience as either a person subject to the CMIA, a family member of a person subject to the CMIA or a victim in a CMIA matter, how has the length of the unfitness process affected you 23 Would removing the jury’s involvement in investigations of unfitness to stand trial be likely to expedite the process 24 How frequent is it for an accused person to be acquitted at a special hearing, following a finding of unfitness 25 What procedures could be implemented to expedite the unfitness to stand trial process Suitability of findings in special hearings 26 Should changes be made to the findings available in special hearings Directions to the jury on findings in special hearings 27 What is the most appropriate way of directing the jury on the findings in special hearings Principles underpinning appeals 28 Are there any barriers to accused people pursuing appeals in relation to unfitness to stand trial and findings in special hearings Chapter 5—Defence of mental impairment The meaning of ‘mental impairment’ 29 How does the defence of mental impairment work in practice with ‘mental impairment’ undefined 30 Should ‘mental impairment’ be defined under the CMIA 31 What are the advantages or disadvantages of including a definition of mental impairment in the CMIA 32 If mental impairment is to be defined in the CMIA, how should it be defined 33 What conditions should constitute a ‘mental impairment’ Are there any conditions currently not within the scope of a mental impairment defence that should be included If so, what are these conditions 224 34 If a statutory definition of mental impairment is not required, what other measures could be taken to ensure the term is applied appropriately, consistently and fairly
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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 2.94 The CMIA’s therapeutic aim
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2 Principles governing the treatmen
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4 Unfitness to stand trial 52 Intro
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4 4.5 As stated in [4.11] below, un
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4 The test in Victoria: the ‘Pres
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4 Difficulty in assessing unfitness
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4 4.102 More broadly, some have que
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4 4.113 In DPP v CJC (CJC), 135 Jus
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