People with cognitive and mental health impairments in the criminal justice system    

Reference received: 17 September 2007; expanded 7 July 2008

Re​ports

Report 135: People with cognitive and mental health impairments in the criminal justice system: Diversion [PDF, 2Mb], August 2012

Letter from the Attorney General responding to Report 135 [PDF 889Kb], 7 May 2014

Tabled in parliament: 23 August 2012

NSW Law Reform Commission Fact sheet: People with cognitive and mental health impairmentsin the criminal justice system [PDF, 79Kb], August 2012

NSW Law Reform Commission Media Release​ - ​​​Mental illness and the criminal justice system (August 2012)

Report 138: Criminal Responsibility and Consequences [PDF​, 2.3Mb], June 2013​ 

Legislative action: Mental Health (Forensic Provisions) Amendment Act 2013​ (NSW) implements Recommendation 11.1 from Report 138

NSW Law Reform Commission Media Release ​- ​Report on people with ​​cognitive and mental health impairments in the criminal justice system (June 2013)​ ​​

Judicial citation:​ Attorney General (NSW) v X [2013] NSWSC 1392 [109]

Consultation papers​

Consultation Paper 11: Young people with cognitive and mental health impairments in the criminal justice system [PDF, 542Kb], December 2010

Consultation Paper 8: Forensic samples [PDF, 96Kb], January 2010

Consultation Paper 7: Diversion [PDF, 290Kb], January 2010

Consultation Paper 6: Criminal responsibility and consequences  [PDF, 1022Kb], January 2010 ​

Consultation Paper 5: An overview [PDF, 378Kb]​, January 2010

Question paper

Question Paper 1: Apprehended violence orders [PDF, 182Kb], August 2012

Other papers

Fitness to stand trial and test for NGMI [PDF, 282Kb], 25 September ​2012

Forensic procedures [PDF, 296Kb], 9 October 2012​

Submissions

​​Submissions received for this review can be accessed here.

Symposium

In April 2011, we hosted a symposium on whether NSW should introduce a  Mental Health Court, of which excerpts were broadcast on Radio National. ("All in the Mind": Mental health courts and the challenge of therapeutic jurisprudence)

Terms of reference

Pursuant to s 10 of the Law Reform Commission Act 1967 the Law Reform Commission is to undertake a general review of the criminal law and procedure applying to people with cognitive and mental health impairments, with particular regard to:    

s 32 and s 33 of the Mental Health (Criminal Procedure) Act 1990;

fitness to be tried;        

the defence of "mental illness";        

the consequences of being dealt with via the above mechanisms on the operation of Part 10 of the Crimes (Forensic Procedures) Act 2000; and          

sentencing.​​