Crime and Mental Health Law in NSW, Supplement to the 3rd edition

The MHCIFPA introduces new definitions of mental health and cognitive impairment. It codifies the tests for fitness and the newly named defence of “act proven but not criminally responsible by reason of mental health impairment or cognitive impairment.” This supplement offers a practitioners and clinicians a practical roadmap to the MHCIFPA, highlighting the changes in practice and procedure.

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Book:Paperback
ISBN/ISSN: 9780409353686
Release Date: May 24, 2021
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ISBN/ISSN: 9780409353679
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Product description

In 2021, after a lengthy gestation, the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 repealed and replaced the Mental Health (Forensic Provisions) Act 1990.

The MHCIFPA introduces new definitions of mental health and cognitive impairment. It codifies the tests for fitness and the newly named defence of “act proven but not criminally responsible by reason of mental health impairment or cognitive impairment.” This supplement offers a practitioners and clinicians a practical roadmap to the MHCIFPA, highlighting the changes in practice and procedure.

Those who are experienced in working in forensic mental health will be able to follow the changes brought by the MHCIFPA from reading the supplement alone. Others will find that it best to read the supplement together with the third edition of Crime and Mental Health Law in New South Wales.

Features

• User-friendly practical guide for practitioners and students
• Succinct but sufficiently in-depth
• Carries the latest legislative changes till March 2021

Related Titles

• Fairall & Barrett, Criminal Defences, 5th Edition 2016
• Croft et al, Waller & Williams Criminal Law: Text and Cases, 14th Edition 2020

 

Featured Authors

Table of contents


  • Introduction to the Supplement

  • Publisher’s Notei

  • Table of Cases

  • Table of Statutes

  • Abbreviations

  • MHFPA and MHCIFPA Comparative Table xxiv

  • Chapter 2 Intellectual Disability, Cognitive Impairment,

  • Mental Illness and Mental Conditions — General

  • Considerations

  • Legislative definitions

  • NSWLRC

  • Chapter 4 Management of Forensic and Correctional

  • Patients under the Mental Health (Forensic Provisions)

  • Act 1990

  • The Mental Health (Forensic Provisions) Act 1990 3

  • Forensic and correctional patients

  • Role of the MHRT

  • Specific requirements

  • Sufficient time in custody

  • Seriously endangered

  • Independent Report

  • Orders and recommendations

  • Extension of forensic patient status

  • Termination of forensic status

  • Mental health care in custody

  • Forensic Review Hearings

  • Transfer orders

  • Hearing procedure

  • Right of appearance or submissions

  • Registered victims

  • Court-ordered release

  • Bail and fitness matters

  • Chapter 5

  • Fitness to Stand Trial

  • Terminology

  • Raising fitness

  • Fairness: the essential issue

  • Memory loss

  • Capacity

  • Procedure for raising fitness

  • Stay of proceedings

  • Standard of proof

  • Procedure once fitness is raised

  • Evidence to establish fitness or unfitness

  • What if the person is found fit?

  • What if the person is found unfit?

  • What does the MHRT do

  • Substantive Impairment

  • Intoxication

  • Pre-existing underlying condition

  • Chapter 9 Infanticide

  • Background

  • The New South Wales provision

  • Balance of mind was disturbed

  • Sentencing and Cases

  • Chapter 12 Further Sentencing Considerations

  • NSWLRC’s suggested improvements

  • Ongoing support and treatment for the offender

  • Chapter 14 Psychological Assessment in a Forensic Context

  • Neuropsychological Reports

  • Chapter 19 Forensic and Correctional Mental Health

  • Services in New South Wales

  • Terminology

  • The forensic mental health pathway

  • Involuntary psychiatric treatment of an inmate in a correctional centre

  • Appendix

  • Index