MENTAL ILLNESS

three key legal provisions available for people with mental health illness or disorder

1. Defence of Mental illness: Criminal Responsibility 2. Fitness (aka competence) to be tried: Procedural Fairness 3. Local Court provisions: Diversion from the criminal justice system

verdict if defence is successul? consequences (3)

If this defence is successful, Act sets out a special verdict of Act Proven but not Criminally responsible (replaces Not Guilty by Reason of Mental Illness -NGMI).
▪ Unconditional release ▪ Conditional release ▪ Detainment in place and manner deemed fit by the court and until they are released by due process of law

myths abt defence

Melton et al, (1997) identified 4 prevalent beliefs in public: 1. Large number use mental illness defence. 2. Mental illness defence is usually successful. 3. If found not guilty due to mental illness, they go free. 4. Those not guilty due to mental illness are dangerous.

ngmi nsw review

Primary Diagnosis - schizophrenia
Intelligence - average
Co-morbid substance abuse - majority
Psychiatric History - most
Criminal History - over half is none/minor
Offence Type - assault/ homicode

Time in MHRT vs. Time in Mainstream

Hayes compared time in MHRT system to time that these individuals might expect to have spent in prison for these offences (based on stats for NSW for the year of the index offence). • For all offences, except homicide, spent longer in MHRT that would in prison if found guilty • In case of homicide, data are skewed by fact that most NGMI have not been released.

recividivism rate

opposite to normal

fitness to stand trial test

presser test - undr s 36

consequence to not fit to stand trial ? when recover competence usually ?

will receive treatment aimed at restoring competence within 12 months. • International studies show most defendants have competence restored within 6 months (Melton et al, 97). • See procedures by NSW. • If still unfit, will receive a special hearing.

Competence Screening Test (CST)? use freq? why?

22 item test scored 2 (correct) 1(partly correct) or 0 (wrong). not used often; false positive (eg cynical answer rated as incompetent)

why no faking bad fit to sit?

fakers over do it and so get abnormally low scores. Suggest that very low scores should be treated with suspicion. • Probably not in their best interests to do so. • Anecdotal evidence suggests that lawyers advise clients not to pursue this path

defence of mental illness vs fitness to stand timing

insanity when committing offence vs competence t trial

local court provision jelp how

s 14 power to divert - conditional program up to 12 months; no conviction or guilt

why local court provision

stop revolving door

effectiveness of local court provisions

research shows those who are diverted into treatment under the Mental Health Act 2007 (NSW) are less likely to re-offend than similar individuals who are prosecuted and dealt via mainstream pathways (Weatherburn et al., 2021)