Page 2258 - Week 07 - Thursday, 16 June 1994

WHO HAVE BEEN CONVICTED OF A SUMMARY OFFENCE TO THE

TRIBUNAL FOR THE MAKING OF A MENTAL HEALTH ORDER.

THE BILL ALSO CONTAINS SIGNIFICANT NEW PROVISIONS

RELATING TO MENTALLY DYSFUNCTIONAL PERSONS COMMITTED

FOR TRIAL IN THE SUPREME COURT FOR INDICTABLE OFFENCES.

IN FUTURE THE SUPREME COURT WILL REFER A MENTALLY

DYSFUNCTIONAL PERSON TO THE TRIBUNAL

• FOR A DETERMINATION AS TO WHETHER THE PERSON IS FIT

TO PLEAD TO A CHARGE FOR AN OFFENCE;

• FOR ADVICE ON THE SENTENCING OF THE PERSON IF HE OR

SHE IS FOUND GUILTY OF THE OFFENCE;

• FOR ADVICE ON HOW THE COURT SHOULD DEAL WITH THE

PERSON IF HE OR SHE IS FOUND NOT GUILTY OF THE

OFFENCE ON THE GROUND OF MENTAL ILLNESS, -

FOR FOR THE TRIBUNAL TO MAKE MENTAL HEALTH ORDERS FOR

THE PERSON IF IMPRISONING THE PERSON WOULD BE

INAPPROPRIATE.

THE TRIBUNAL WILL HAVE THE IMPORTANT FUNCTION OF

ASSISTING THE COURTS BY MAKING DETERMINATIONS AS TO

FITNESS TO PLEAD. THE BILL IS BASED ON THE VIEW THAT A

FUNCTION OF THIS KIND, INVOLVING AS IT DOES COMPLEX

QUESTIONS ABOUT THE PERSON'S MENTAL CAPACITY, IS BEST

DETERMINED BY AN EXPERT BODY LIKE THE TRIBUNAL.

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