Characteristics and re-offending outcomes of ‘limiting-term’ forensic patients found unfit to stand trial in New South Wales, Australia

Abstract

There are little published data on the characteristics or outcomes of offenders found unfit to stand trial who receive a ‘qualified finding of guilt’ in a Special Hearing in New South Wales (NSW) and are detained for a ‘limiting term’ (LT) under the supervision of the NSW Mental Health Review Tribunal (MHRT). We examined NSW MHRT records linked to re-offending data, to report on the characteristics and outcomes of 69 LT patients in a cohort spanning two decades. The most common diagnoses were schizophrenia (54%) and intellectual disability (33%). Patients were detained on average for 4.2 years, which is slightly shorter than the average maximum term imposed. Of the 55 people for whom criminal record data were available, 9.1% were charged with an offence during the first year post-release and 60% overall were charged for at least one post-release offence during a follow-up period ranging from 4.7 to 11.1 years.

Keywords:

• unfit
• incompetent
• trial
• limiting term
• forensic patients
• mental health review tribunal
• detention
• re-offending

Acknowledgements

Special thanks are given to the staff of the forensic and civil divisions at the MHRT for their generosity and assistance with research and data collection.

Notes

1 Percentages are based on the full sample of 69 LT patients unless otherwise specified.

2 Where more than one index offence was recorded on the patient’s records, the most serious offence (defined as the one that resulted in the longest LT) was noted for this analysis.

3 Similar to sentences for multiple convictions, LTs can operate concurrently or sequentially as ordered by the judge. Analyses of the imposed LTs were based on the final orders made by the judge.

4 ‘Mental condition’ is defined as a condition of disability of mind not including either mental illness or developmental disability of mind as per the Mental Health (Forensic Provisions) Act 1990 (NSW).

5 Patients who object to being detained in a mental health facility may be placed by the NSW MHRT into custody or into another environment as required.

6 These patients were released from the jurisdiction of the NSW MHRT and straight into the community.

Additional information

Funding

Ms Sara Singh and Ms Georgia Lyons were supported by the New South Wales Mental Health Commission Professor Kimberlie Dean is supported by Justice Health and Forensic Mental Health Network and an NHMRC Investigator Grant (APP1175408).