Community members are being asked to weigh in on a review into Tasmania's defence of insanity laws.
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The review is being conducted by the Tasmania Law Reform Institute with its latest issues paper, Review of the Defence of Insanity in s16 of the Criminal Code and Fitness to Plead, released on Monday.
Only a small number of people with mental or cognitive impairments who come into contact with the state's criminal justice system rely on unfitness to stand trial or the defence of insanity, with the report finding they often plead guilty or are found guilty after a trial.
Fitness to stand trial relates to a person's ability to understand or participate in their trial, applying when a person's mental processes are disordered or impaired.
The defence of insanity involves determining whether a person should be held criminally responsible on the ground they lack the mental capacity to commit the offence.
There can be long-term consequences for a person with mental illness or cognitive impairment who relies on unfitness to stand trial or the defence of insanity, particularly if they're placed on a forensic order.
The two types of forensic orders, restriction and supervision orders, are indefinite but the orders can be reviewed by the Mental Health Tribunal with the Supreme Court having the power to make changes or remove the order.
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Law reform researcher Dr Rebecca Bradfield said the institute wished to learn whether current laws strike the right balance between the need to ensure community safety, equal access to the criminal justice system, and the needs of people with disabilities.
“The issues paper asks for community comment on whether our laws should be reformed to ensure that they operate justly, effectively and consistently,” she said.
The view will examine a number of key questions including;
- Whether the insanity defence reflects a contemporary understanding of mental illness and impairment;
- Whether the processes for determining fitness to stand trial and establishing the defence of insanity can be improved; and
- How well forensic orders work for those found not guilty by reason of insanity, or who are found not fit to stand trial but who cannot be acquitted.
The review was referred to the institute by Tasmania's former Attorney-General, the late Dr Vanessa Goodwin.
Submissions can be emailed to Law.Reform@utas.edu.au or posted to: Tasmania Law Reform Institute, Private Bag 89, Hobart, 7001. Responses must be submitted by May 24. For more information, call 6226 2069.