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

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Q Breaches of supervision orders 81 Is there is a need for guidance on failures to comply with or breaches of supervision orders 82 If so, what is the best mechanism for providing more guidance on failures to comply with or breaches of supervision orders Interstate transfer orders 83 What are the barriers to effecting interstate transfers under the CMIA 84 If there are barriers, what changes should be made to make the process more efficient Chapter 9—Decision making and interests under the CMIA The flexibility in the system 85 Is there a need for more flexibility in making and reviewing supervision orders and addressing non-compliance under the CMIA 86 What changes should be made to give the system more flexibility where needed Application of the principles and matters the court is to consider 87 Are the current presumptions in varying and revoking supervision orders appropriate 88 Should the court continue to consider the ‘dangerousness’ of the person subject to the supervision order 89 Should the court continue to consider the likelihood of the person endangering themselves 90 What role should the seriousness of the offence play in the making, varying and revocation of orders and applications of leave 91 Should the CMIA provide more guidance to the courts on the factors relevant to making, varying and revoking orders and applications of leave If so, what guidance should be provided Principles and matters the Forensic Leave Panel considers 92 Is there a need for additional legislative guidance for the Forensic Leave Panel in making leave decisions If so, what guidance should be provided Role of experts and people responsible for supervision 93 Are changes required to improve the way in which expert reports are provided to the courts If so, what changes are required Influence of decision making on length of detention 94 Is the current approach to decision making in relation to people subject to supervision orders overly cautious 229
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper Other models of decision making 95 Should there be a change in the judicial model of decision making under the CMIA Representation of people subject to supervision orders 96 Is the level of legal representation for people subject to supervision orders in hearings to make, vary or revoke a supervision order, and leave hearings appropriate 97 Is there a need for more advocacy or support, in addition to legal representation, for people subject to supervision orders when they are in detention or in hearings The role and interests of victims and family members 98 Do the CMIA provisions allow for effective participation by victims and family members Representation of community interests 99 Should community interests be represented in the CMIA system of supervision 100 Does the involvement of a number of agencies representing the community’s interests increase costs unnecessarily 101 What is the most appropriate way of representing the community’s interests in the CMIA Suitability of the system for people with an intellectual disability or cognitive impairment 102 Is the current CMIA model of supervision appropriate for people with an intellectual disability or cognitive impairment 103 Are changes needed to the CMIA model of supervision to better meet the needs of people with an intellectual disability or cognitive impairment 104 Are changes needed to the processes and services that support the CMIA model of supervision to ensure that it meets the needs of people with an intellectual disability or cognitive impairment Suppression orders and the principle of open justice 105 What matters should the court consider when making suppression orders 106 What issues arise concerning suppression orders under the CMIA 107 What is the appropriate balance between therapeutic considerations (pointing to suppression) and open proceedings (pointing to publication) 230
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Review of the Crimes (Mental Impair
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Published by the Victorian Law Refo
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xviii
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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 4.16 If an accused person is foun
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4 The test in Victoria: the ‘Pres
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4 Decision-making capacity or effec
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4 Question 3 Should the test for un
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4 or rational appreciation of the p
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4 4.57 However, expressly recognisi
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4 4.65 Some jurisdictions have legi
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4 Difficulty in assessing unfitness
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4 Requirement to ‘plead’ in a c
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4 The role of experts in the proces
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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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4 4.121 The Law Reform Committee re
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4 Directions to the jury on finding
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