Mentally ill offenders
County Court Judge Joe Gullaci has raised the issue of the limited options available to judges faced with offenders who are unfit to plead by reason of mental illness.
His Honour found that under the provisions in the federal Crimes Act 1914 which deal with this kind of offender, Judges had two options – to detain the defendant in prison or to release them into the community – both of which create problems.
The Law Institute of Victoria has called for a review of the relevant provisions and for wider powers to be given to courts when dealing with defendants found unfit to plead to federal offences. More information
The submission is available at www.liv.asn.au/news/pro_issues/livsubs
From the Bookshop
J Ogloff and T Dalton, Mental Impairment and Fitness to Plead. Legal update (12/06/04), LIV Seminar paper. $35.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from our office. | 
