Automatic language translation
Our website uses an automatic service to translate our content into different languages. These translations should be used as a guide only. See our Accessibility page for further information.
People with cognitive and mental health impairments in the criminal justice system
Reference received: 17 September 2007; expanded 7 July 2008
Reports
Report 135: People with cognitive and mental health impairments in the criminal justice system: Diversion (PDF, 2.0 MB), August 2012
- Tabled in parliament: 23 August 2012
- Fact sheet: People with cognitive and mental health impairments in the criminal justice system (PDF, 79.6 KB), August 2012
- Legislative action: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW); Justice Legislation Amendment Act 2017 (NSW) sch 1.10
Report 138: Criminal Responsibility and Consequences (PDF, 2.2 MB), June 2013
- Legislative action: Mental Health (Forensic Provisions) Amendment Act 2013 (NSW) implements Recommendation 11.1 from Report 138; Mental Health (Forensic Provisions) Amendment (Victims) Act 2018 (NSW); Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
- Judicial citation: Attorney General (NSW) v X [2013] NSWSC 1392 [109]
Other documents
- Fitness to stand trial and test for NGMI (PDF, 282.9 KB), 25 September 2012
- Forensic procedures (PDF, 296.9 KB), 9 October 2012
- Question Paper 1: Apprehended violence orders [PDF, 182Kb], August 2012
- Consultation Paper 11: Young people with cognitive and mental health impairments in the criminal justice system (PDF, 542.7 KB), December 2010
- Consultation Paper 8: Forensic samples (PDF, 96.4 KB), January 2010
- Consultation Paper 7: Diversion (PDF, 290.1 KB), January 2010
- Consultation Paper 6: Criminal responsibility and consequences (PDF, 1022.2 KB), January 2010
- Consultation Paper 5: An overview (PDF, 378.5 KB), January 2010
Submissions
Symposium
In April 2011, we hosted a symposium on whether NSW should introduce a Mental Health Court, of which excerpts were broadcast on Radio National. ("All in the Mind": Mental health courts and the challenge of therapeutic jurisprudence)
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:
- s 32 and s 33 of the Mental Health (Criminal Procedure) Act 1990;
- fitness to be tried;
- the defence of "mental illness";
- the consequences of being dealt with via the above mechanisms on the operation of Part 10 of the Crimes (Forensic Procedures) Act 2000; and
- sentencing.
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.