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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix B
Discussion Paper 35 (1994) - People with an Intellectual Disability and the Criminal Justice System: Courts and Sentencing Issues
Appendix B
Tables from the Mental Health Act 1990 (NSW)
Table 1: Persons found not guilty by reason of mental illness
Table 2: Persons who may be unfit to plead
Table 3: Persons found by Tribunal not likely to be fit to be tried within 12 months
Table 4: Effects of review of cases and determination by Tribunal that a person is fit to be tried
Mental Health Act 1990 (NSW)
Explanatory Note
The following Tables set out the way in which mentally ill persons or other persons suffering from a mental condition are dealt with in criminal proceedings and the functions of the Tribunal in relation to such proceedings. The Tables are provided merely as a guide and do not form part of this Act and are not intended to have any legislative effect. The statutory provisions referred to in the Tables are contained in this Act and the Mental Health (Criminal Procedure) Act 1990.
TABLE 1 - PERSONS FOUND NOT GUILTY BY REASON OF MENTAL ILLNESS
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TABLE 2 - PERSONS WHO MAY BE UNFIT TO PLEAD
- Question of unfitness raised after being brought before Court to answer charges (s. 8, M.H. (C.P))
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- Inquiry conducted by Court as to plead (ss. 10, 11, M.H. (C.P.))
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- Court determines not to conduct inquiry and to dismiss charges. (There is a presumption that the person continues to be fit to be tried). (s. 10, M.H. (C.P.))
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- Person found fit to be tried, criminal proceedings recommence or continue in normal way (s. 113, M.H. (C.P))
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- Person found unfit to be tried, referred to Tribunal for finding as to whether the person is likely to become fit to plead in the next 12 months and for finding as to whether person is mentally ill or suffering from mental condition. (There is a presumption that, until otherwise determined, the person continues to be unfit to be tried). (s. 14-16, M.H. (C.P.))
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- Person found by Tribunal likely to become fit to be tried within 12 months, Court may order person to be released on bail or to be detained in prison or other place (s. 17, M.H. (C.P.))**
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- Person found by tribunal not likely to become fit to be tried within 12 months and detained*
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- Question of unfitness raised before the person is brought before Court to answer charges, Attorney General determines inquiry should be conducted by Court (ss. 7, 8, M.H. (C.P.))
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- Attorney General determines no longer any need for inquiry to be conducted (s. 8, M.H. (C.P.))
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- Inquiry conducted by Court as to plead (ss. 10, 11, M.H. (C.P.))
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- Court determines not to conduct inquiry and to dismiss charges. (There is a presumption that the person continues to be fit to be tried). (s. 10, M.H. (C.P.))
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- Person found fit to be tried, criminal proceedings recommence or continue in normal way (s. 113, M.H. (C.P))
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- Person found unfit to be tried, referred to Tribunal for finding as to whether the person is likely to become fit to plead in the next 12 months and for finding as to whether person is mentally ill or suffering from mental condition. (There is a presumption that, until otherwise determined, the person continues to be unfit to be tried). (s. 14-16, M.H. (C.P.))
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- Person found by Tribunal likely to become fit to be tried within 12 months, Court may order person to be released on bail or to be detained in prison or other place (s. 17, M.H. (C.P.))**
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- Person found by tribunal not likely to become fit to be tried within 12 months and detained*
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[Link to text only version of table 2]
[Link to text only version of table 3]
[Link to text only version of table 4]
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