PROFILE OF FORENSIC PATIENTS IN NEW SOUTH WALES AND AN ASSESSMENT OF THE ROLE OF THE MENTAL HEALTH REVIEW TRIBUNAL IN EFFECTING THEIR RELEASE (FROM SERIOUS VIOLENT OFFENDERS: SENTENCING, PSYCHIATRY, AND LAW REFORM, 1991, P 201-222, SALLY-ANNE GERULL AND WILLIAM LUCAS, EDS. - SEE NCJ-147734)

• NCJ Number: 147751
• Author(s): R Hayes; M Sterry; T Ovadia; B Boerma; W Greer
• Date Published: 1993
• Length: 22 pages
• Sale Source: Criminal Justice Press/Willow Tree Press
• Publication Type: Survey
• Language: English
• Country: Australia

Annotation

As of October 1991, there were 86 forensic patients in New South Wales (Australia) whose treatment was governed by the Mental Health Act 1990 and the Mental Health (Criminal Procedure) Act 1990.

Abstract

This paper profiles those 86 patients in terms of their current legal status, demographic data, previous history, and offense. The Mental Health Review Tribunal (MHRT) has a judicial role in releasing forensic patients under the Mental Health Act. The Act also contains special provisions for offenders who lack criminal responsibility because of mental illness or other mental conditions and ordinary prisoners who manifest mental illness in jail. The MHRT is enjoined to be an informal review body; as such, it is not bound by the rules of evidence and it is empowered to set its own procedure in the conduct of business. Under certain circumstances, the MHRT may mandate treatment for people who remain dangerously ill, release patients who are unfit to be tried, or release forensic patients who possibly remain mentally ill. 9 tables, 2 figures, and 5 references