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Review of s 32 of the Mental Health (Criminal Procedure) Act 1990

Reference received: 26 April 2007 

Note: New terms of reference issued, 17 September 2007 see below  Reference 120: People with cognitive and mental health impairments in the criminal justice system.​


NSW Law Reform Commission Media Release - Review of mental health in the criminal justice system (29 March 2010)

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:

  1. s 32 and s 33 of the Mental Health (Criminal Procedure) Act 1990
  2. fitness to be tried
  3. the defence of "mental illness"
  4. the consequences of being dealt with via the above mechanisms on the operation of Part 10 of the Crimes (Forensic Procedures) Act 2000, and
  5. sentencing.
    [Reference expanded 7 July 2008] ​