Consultation Paper 11 (2010) - People with cognitive and mental health impairments in the criminal justice system
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Updates and background for this project (Digest)
How to obtain a hard copy of this consultation paper
Table of contents
Make a submission
Table of contents
Tables and figures
Participants
Terms of Reference
Abbreviations
Questions
Preface
1. Overview
What group does this paper seek to address?
How are young people different from adults?
International Instruments
Policy
State plan
Reviews
Bodies
Sources of law
Courts
Services, treatment and programs
Identification
Young people in custody and on community orders
Service delivery before/after custodial sentences
Mainstream programs – early intervention
Structure of this consultation paper
Further issues?
2. Bail
Operation of the Bail Act
Entitlements and presumptions
Determinations
Conditions
Non-compliance
Application to young people with cognitive and mental health impairments – issues and problems
Evolution of the Bail Act
Bail conditions
Ramifications of non-compliance with bail conditions
Accommodation and services
3. Apprehended Violence Orders
Applying for an AVO
Who can make an application?
Granting an AVO
Young people with cognitive or mental health impairments
Conditions
Breach
Young people with cognitive or mental health impairments and AVOs in practice
Young people with cognitive or mental health impairments as respondents
Young people with cognitive and mental health impairments as applicants
4. Diversion
Young Offenders Act
Cognitive and mental health impairments
Support person
Youth conduct orders
Section 22 of the Mental Health Act
Section 32 and 33 of the Mental Health (Forensic Provisions) Act
Assessment
Application to young people
Orders
Supervised treatment or rehabilitation programs
Youth Drug and Alcohol Court
MERIT/CREDIT
Other programs for young people with cognitive and mental health impairments
Enhancing diversion by superior courts
5. Fitness and the defence of mental illness
Fitness
Children’s Court
Presser criteria - application to young people
Doli incapax
The defence of mental illness
The general test
Application to young people
Doli incapax
Forensic mental health framework
Principles
Operation of framework
Forensic samples
6. Sentencing
Identification
Courts
Children’s Court
District and Supreme Courts
Sentencing principles
Sentencing according to law
Provisional sentencing
Background
Advantages and disadvantages
Findings in the Report for the Sentencing Council
Appendix A. Preliminary consultations
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