The Extension of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to the Children’s Court: Opportunities and Shortfalls

Abstract

In 2014, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 in Victoria was extended to the Children’s Court of Victoria. This article describes the processes that preceded this change and the changes that occurred. The potential opportunities consequent to the changes are described, with their corresponding ethical implications. The decision not to resource some of the changes as recommended by the Victorian Law Reform Commission is described, with reference to the lack of establishment of an adolescent forensic mental health facility. The shortfalls currently occurring and their ethical implications are also discussed. We note the need for data regarding the number of children whose matters are being heard under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, and the resourcing implications that flow from this.

Key words:

• adolescent
• ethics
• fitness to be tried
• forensic psychiatry
• human rights
• mental health
• mental impairment defence
• youth justice

Ethical standards

Declaration of conflicts of interest

Katinka Morton has declared no conflicts of interest.

Adam Deacon has declared no conflicts of interest.

Danny Sullivan has declared no conflicts of interest.

Ethical approval

This article does not contain any studies with human participants or animals performed by any of the authors.