Criminal Justice Outcomes of Those Appearing before the Mental Health Tribunal: A Record Linkage Study

Abstract

To examine the utilisation of the insanity defence in Queensland and insanity acquittee reoffending, offences cleared by the police were compared with charges heard by the Mental Health Tribunal (MHT) and appearances before the MHT from 1985 to 2002 were cross-linked with police databases. Only 0.24% of cleared offences were heard by the MHT. This plea rate was similar to that in the US jurisdictions where the insanity defence has been extensively researched. Overall, persons not afforded an insanity defence reoffended more frequently, committed more offences, including more violent offences, and committed more serious offences as measured by the National Offence Index. Furthermore, offending occurred sooner than that of insanity acquittees. Evidence was not found for “over-use” of the insanity defence and overall, recidivism was lower and less serious for insanity acquittees. There is a need for further research to more comprehensively identify factors associated with positive outcomes.

Key words:

• insanity defence
• mentally disordered offender
• recidivism

Acknowledgements

Peter Conroy (QPS), Barry Weychardt (former secretary of the MHT), OESR staff, Kylie-ann Mallitt (QIMR/RBWH Statistics Unit), Mark Schwartz, Jim Holtman, and John Fox for advice regarding R and Cristelle Kennedy (data collating). The original investigators included Drs. Bill Kingswell, Paul Mullen, and Harvey Whiteford.