Preface

Updates and background for this project (Digest)

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0.1 This Paper is the fourth consultation paper in the Commission’s reference on people with a mental illness or cognitive impairment in the criminal justice system. It deals with the use of a defendant’s forensic material following a finding of unfitness to be tried or not guilty by reason of mental illness, or the making of a diversionary order

0.2 The Paper is one of five consultation papers on this reference. The first four papers are released concurrently, and relate to:

• an overview of the laws affecting people with a mental illness or a cognitive impairment when they become involved as defendants in the criminal justice system (“CP 5”);
• the laws governing fitness to be tried and the defences relating to mental impairment (that is, the defence of mental illness, the defence of substantial impairment, and infanticide), which apply primarily to criminal proceedings in the Supreme and the District Courts, and the sentencing of offenders with a mental illness or cognitive impairment (“CP 6”);
• the laws relating to the diversion of offenders with a mental illness or cognitive impairment, focusing on the diversionary mechanisms available to the Local Court (“CP 7”);
• the use of forensic samples taken from a defendant who is diverted from the criminal justice system, unfit to be tried or not guilty by reason of mental illness (“CP 8”).