Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper

The Commission produced this consultation paper for its review of the Crimes (Mental Impairment and Unfitness to be Tried) Act. The consultation paper describes the current law in Victoria regarding unfitness to be tried and the mental impairment defence and asks how the law could be improved.

• Foreword
• Guide to this consultation paper
• Call for submissions
• Terms of reference
• Glossary and abbreviations
• 1. Introduction
• 2. The CMIA: background and principles
• 3. An overview of the CMIA
• 4. Unfitness to stand trial
• 5. Defence of mental impairment
• 6. Application of the CMIA in the Magistrates’ Court
• 7. Consequences of findings under the CMIA
• 8. Supervision: review, leave and management of people subject to supervision
• 9. Decision making and interests under the CMIA
• Conclusion
• Appendices
• Questions