Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper (pdf)

Posted on July 10, 2013

The courts frequently deal with people charged with offences who require a special response from the law due to their serious mental impairment, intellectual disability or mental illness. The legal principles behind ‘unfit to stand trial’ and ‘not guilty because of mental impairment’ recognise the vulnerability of such people in our criminal justice system, and the Crimes (Mental Impairment and Fitness to be Tried) Act 1997 (Vic) (CMIA) balances their rights for humane treatment and the community’s right for safety.

In August 2012, the Commission was asked to review the Act to ensure just, effective and consistent operation with the principles that underlie it. In July 2013, the Commission published a consultation paper that raised a broad range of questions and concerns.

Download Crimes and Mental Impairment: Consultation Paper (pdf)