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

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Q 57 If yes, should the power to make orders be limited to indictable offences triable summarily or include certain summary offences Options for expanding the orders available in the Magistrates’ Court 58 If the application of the CMIA is expanded in the Magistrates’ Court, what orders should be available: (a) if the Magistrates’ Court is given the power to determine unfitness to stand trial and the criminal responsibility of an accused person found unfit to stand trial (b) in relation to people found not guilty because of mental impairment (c) if the Magistrates’ Court is given a broad discretionary power to make orders in relation to people with a mental illness, intellectual disability or cognitive impairment 59 What are the cost implications of the options for expanding orders available in the Magistrates’ Court Chapter 7—Consequences of findings under the CMIA Section 47 certificates on availability of facilities and services 60 Are there appropriate and sufficient facilities and services for people subject to the CMIA Reports on the mental condition of people declared liable to supervision 61 Are changes needed to the provisions under the CMIA governing mental condition reports and/or section 47 certificates to ensure adequate and timely information is provided to the courts Indefinite nature of the order with a ‘nominal term’ 62 Is the use of a nominal term an effective safeguard in balancing the protection of the community with the rights of the person subject to a supervision order The method for setting a nominal term 63 Should the method for setting the nominal term be changed If so, how should it be changed Possible effects of the indefinite nature of supervision orders 64 What steps should be undertaken for people involved in CMIA proceedings to better understand the expression ‘nominal term’ 65 What factors affect the advice of lawyers and decisions of accused people in raising the issue of unfitness to stand trial or the defence of mental impairment 66 In your experience as either a person subject to a supervision order, a family member of a person subject to a supervision order or a victim in a CMIA matter, how has the indefinite nature of a supervision order affected you Principles underpinning appeals 67 Are there any barriers to people subject to supervision orders and other parties pursuing appeals against supervision orders 227
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper Ancillary orders and other consequence of findings under the CMIA 68 Should the ancillary orders and administrative consequences that follow in usual criminal proceedings apply to findings made under the CMIA 69 Which ancillary orders and administrative consequences are appropriate and why Chapter 8—Supervision: review, leave and management of people subject to supervision Review, variation and revocation of orders 70 Are changes required to the provisions for reviewing, varying and revoking supervision orders to make them more just, effective and consistent with the principles underlying the CMIA If so, what changes are required 71 In your experience as either a person subject to a supervision order, a family member of a person subject to a supervision order or a victim in a CMIA matter, how has the frequency of reviews affected you 72 What effect does the current frequency of reviews have on court resources and the resources of other parties involved 73 Does the CMIA strike the right balance between allowing for flexibility in the frequency of reviews and ensuring that people subject to supervision orders are reviewed whenever appropriate Leave of absence under supervision orders 74 Are changes required to the leave processes to make them more just, efficient and consistent with the principles underlying the CMIA If so, what changes are required 75 In your experience as either a person subject to a supervision order, a family member of a person subject to a supervision order or a victim in a CMIA matter how have leave processes affected you Leave decision-making bodies 76 Should the CMIA provide the Forensic Leave Panel with more flexibility in its operation 77 Is the composition of the Forensic Leave Panel appropriate 78 Are changes required to the operation of the Internal Leave Committee If so, what changes are required Responsibility for people subject to supervision orders 79 Is there sufficient clarity in the arrangements for monitoring people subject to noncustodial supervision orders 228 80 If no, what changes should be made to ensure that people on non-custodial supervision orders are adequately monitored
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Review of the Crimes (Mental Impair
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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 2.16 Prior to these reviews, the
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2 Previous reviews of provisions in
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2 Victorian Parliament Law Reform C
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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 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 4.102 More broadly, some have que
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