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

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3 An overview of the CMIA 32 Introduction 32 Overview of the CMIA legislation 34 Mental conditions and the criminal justice system 40 The CMIA cohort 42 The CMIA pathway
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper 3. An overview of the CMIA Introduction 3.1 The Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA) creates a specialised pathway for people charged with an offence and who have a mental impairment that affects their capacity to participate in the normal criminal process. A person is liable to be subject to a different supervision regime to the usual sentencing process if they are: • unfit to stand trial and found to have committed the offence or to be not guilty because of mental impairment, or • found not guilty because of mental impairment. 3.2 This chapter provides a snapshot of the CMIA pathway. It commences with a brief overview of the legislation, including the purposes of the CMIA and the key process aspects. It then discusses the relevance of mental impairment to the criminal justice system generally, prior to focusing on the particular group of accused people who come within the CMIA. It then describes the CMIA process and the points in the criminal justice system where a person may enter and follow the specialised pathway created by the CMIA. Overview of the CMIA legislation 3.3 Section 1 of the CMIA sets out its purposes as follows: (a) to define the criteria for determining if a person is unfit to stand trial; (b) to replace the common law defence of insanity with a statutory defence of mental impairment; (c) to provide new procedures for dealing with people who are unfit to stand trial or who are found not guilty because of mental impairment. 3.4 The CMIA sets out the law and procedure that governs: • the process and criteria for determining if a person is unfit to stand trial • the process and criteria for the statutory defence of mental impairment (which replaced the common law defence of ‘insanity’) • the consequences of findings of unfitness to stand trial and not guilty because of mental impairment, and • the supervision and management of people found unfit to stand trial or not guilty because of mental impairment. 32
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Page 46 and 47: 2 2.94 The CMIA’s therapeutic aim
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Page 72 and 73: 4 Unfitness to stand trial 52 Intro
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Page 86 and 87: 4 4.57 However, expressly recognisi
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Page 98 and 99: 4 4.113 In DPP v CJC (CJC), 135 Jus
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