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.
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 Citation1990 (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.