Mental Health Families and Friends Tasmania

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REPORT: Review of the Defence of Insanity

December 11, 2019 By Vicki

The Tasmanian Law Reform Institute has released a report, Review of the Defence of Insanity in s 16 of the Criminal Code and Fitness to Plead.

According to the report, “The Criminal Justice (Mental Impairment) Act 1999 has not been reviewed since its commencement on 14 May 1999 and does not reflect contemporary understandings of mental health.”

The report concluded that the definitions of fitness to stand trial and the defence of insanity should be changed, to ensure fairer laws for people with mental health or cognitive impairments.

You can find a full copy of the report here, a summary of its findings here, and an “easy read” version here.

The report should be of interest to anyone with an interest in mental health and justice.

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