Dear Attorney

People with an intellectual disability and the criminal justice system

We make this final Report pursuant to the reference to this Commission dated 27 September 1991.

Professor David Weisbrot
(Commissioner)

Professor Brent Fisse
(Commissioner)

Judge Angela Karpin
(Commissioner)

Professor Michael Tilbury
(Commissioner)

Terms of Reference

Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the then Attorney General, the Hon Peter Collins QC MP, referred, by letter dated 27 September 1991, the following matter to the Law Reform Commission for report:

To inquire into and review the law and practice relating to the treatment of the intellectually disabled in the criminal justice system and matters incidental thereto; and in particular, without affecting the generality of the foregoing, to consider -

(a) whether there should be a new uniform statutory definition of "intellectual disability";

(b) whether, and to what extent, the intellectually disabled should be diverted from the criminal justice system, including consideration of the custodial and non-custodial alternatives to the sentencing and detention of the intellectually disabled;

(c) the treatment of intellectually disabled persons in police custody and in prison;

(d) the release from custody into the community of intellectually disabled persons considered dangerous;

(e) whether specialist units should be established within the Office of the Director of Public Prosecutions, the Legal Aid Commission, the Corrective Services Commission, the Police Service and other related bodies, to deal with the intellectually disabled; and

(f) in so far as the law and practice relating to the treatment of the intellectually disabled is relevant to the treatment of the mentally ill in the criminal justice system, whether any recommendations should also be made in relation to the mentally ill.

The Law Reform Commission is constituted by the Law Reform Commission Act 1967 (NSW). For the purpose of this reference, the Chairman, in accordance with the Act, created a Division comprising the following members of the Commission:

The Hon R M Hope AC CMG QC (until 2 April 1993)
The Hon G J Samuels AC QC (until 28 February 1996)
Professor David Weisbrot*
Professor Brent Fisse
Ms Clare Petre (until 23 October 1992)
Ms Jane Stackpool (until 2 October 1996)
Professor Michael Tilbury (from 6 October 1994)
Judge Angela Karpin (from 3 May 1995)

Executive Director

Mr Peter Hennessy

Ms Leonie Armstrong
Ms Robyn Scott

Ms Susan Allen
Ms Adrienne Bailey
Ms Ronnit Lifschitz
Ms Jenny Lock
Ms Helen Richards
Ms Rachel Way
Mr Jarrod White

Ms Beverley Caska

Ms Julie Freeman

Ms Jean Dulieu
Ms Zoya Howes

Associate Professor Susan Hayes
Mr Mark Ierace

Kearney McKenzie & Associates