New justice system responses to mentally impaired defendants in New Zealand

Abstract

On 16 March 2020 the District Court in Auckland, New Zealand, had its first sitting as a court dedicated exclusively to cases where issues of fitness to stand trial or insanity had been raised. The impetus for these court sittings, called ‘the CPMIP Court’ [after the Criminal Procedure (Mentally Impaired Persons) Act 2003], was to reduce delays for mentally impaired defendants, and improve the coverage and efficiency of mental health advice to the Court from both Court Liaison Nurses and Health Assessors (Psychiatrists and Psychologists). This article looks at the model in operation and reflects on some early outcome data, as the possibility of further expansion of this model is contemplated in other regions. We also consider broader challenges currently facing mentally impaired defendants in New Zealand’s criminal justice system, and argue that other innovative judicial approaches such as the establishment of problem-solving mental health courts should be considered.

Key words:

• court liaison
• diversion
• fitness to plead
• insanity
• mental health court
• prison
• problem-solving court
• remand