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People with cognitive and mental health impairments in the criminal justice system


Symposium, in conjunction with the Sydney Institute of Criminology, Should NSW have a Mental Health Court? 1 April 2011. Excerpts broadcast on Radio National's "All in the Mind": Mental health courts and the challenge of therapeutic jurisprudence (broadcast 16 April 2011).

The closing date for submissions to CP11 is 4 February 2011.

Submissions received in response to the consultation papers may be viewed here.

Consultation Paper 11 - Young people with cognitive and mental health impairments in the criminal justice system (December 2010)

Consultation Paper 8 - Forensic samples (January 2010)

Consultation Paper 7 - Diversion (January 2010)

Consultation Paper 6 - Criminal responsibility and consequences (January 2010)

Consultation Paper 5 - An overview (January 2010)

How to make a submission.

See also: Digest; Conference paper (People with cognitive and mental health impairments in the criminal justice system); Conference paper (People with cognitive and mental health impairments in the criminal justice system); Conference paper (Intellectual disability and the defence of “mental illness”)

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:


    1. s 32 and s 33 of the Mental Health (Criminal Procedure) Act 1990;

    2. fitness to be tried;

    3. the defence of "mental illness";

    4. the consequences of being dealt with via the above mechanisms on the operation of Part 10 of the Crimes (Forensic Procedures) Act 2000; and

    5. sentencing.





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