The criminal process and persons suffering from mental disorder
 


Project No. 69

In December 1976, the Commission was asked to consider:

(a)
to what extent and on what criteria the law should recognise mental disorder or abnormality in a person accused of a criminal offence as a factor affecting his liability to be tried or convicted;  
(b)
whether there is any need for the continuance of the power in s 662 of the Criminal Code Act Compilation Act 1913 (WA) ... ;
(c)
what procedures should be provided for reviewing the situation of persons who have been ordered to be detained or kept in custody because of their mental condition ... ;
(d)
to consider whether it is desirable for there to be a judicial investigation as to the guilt or innocence of an accused person ... ;
(e) whether courts of summary jurisdiction require any powers beyond those in Mental Health Act s 36 to permit them to deal fully with accused persons ... ;
(f)
whether it is desirable that the prosecution and defence should be obliged to exchange, before trial, all expert reports ... ;
(g) whether the courts should have power to obtain psychiatric reports ... ; and
(h) to review Division 6 of Part IV of the Mental Health Act ... .