People with cognitive and mental health impairments in the criminal justice system
Reference received: 17 September 2007; expanded 7 July 2008
Reports
Report 135: People with cognitive and mental health impairments in the criminal justice system: Diversion [PDF, 2Mb], August 2012
Tabled in parliament: 23 August 2012
Fact sheet: People with cognitive and mental health impairments in the criminal justice system [PDF, 79Kb], August 2012
Legislative action: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW); Justice Legislation Amendment Act 2017 (NSW) sch 1.10
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; Mental Health (Forensic Provisions) Amendment (Victims) Act 2018 (NSW); Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
Judicial citation: Attorney General (NSW) v X [2013] NSWSC 1392 [109]
Other documents
Fitness to stand trial and test for NGMI [PDF, 282Kb], 25 September 2012
Forensic procedures [PDF, 296Kb], 9 October 2012
Question Paper 1: Apprehended violence orders [PDF, 182Kb], August 2012
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
Submissions
Submissions.
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.