ALP Commitment to Reform of the CLMIA Act
At the WA Mental Health Conference, Mark McGowan made a public commitment to reforming the Criminal Law (Mentally Impaired Accused) Act (CLMIA Act) during his first year in office.
Our sector has been calling for change for some time, and in 2015 we worked together to make a shortlist of our top priorities for urgent change.
Here is our take on what Mark McGowan committed to do:
1. Allow judiciary the discretion to impose a range of options for mentally impaired accused through introducing a community-based order for mentally impaired accused found unfit to stand trial YES
and repealing Schedule 1 to make Custody Orders no longer compulsory for some offences. NO RESPONSE
2. Limit terms - Custody Orders should be no longer than the term the person would likely have received, had they been found guilty of the offence YES
3. Introduce new procedural fairness provisions, which provide for rights to appear, appeal, review YES
and rights to information and written reasons for a decision in court and MIARB proceedings NO RESPONSE
4. Introduce a special hearing to test the evidence against an accused found unfit to stand trial NO
5. Ensure determinations about the release of mentally impaired accused from custody, and the conditions to be attached to such release (if any), are made by the Mentally Impaired Accused Review Board but with a right of review before the Supreme Court on an annual basis. YES