Project: Strengthening the Criminal Law (Mentally Impaired Accused) Act 1996
Identifying Areas for Improvement: WA Justice Association (WAJA) & WAAMH
In 2022, WAAMH partnered with WA Justice Association (WAJA) to embark on a project to improve the operation of the Criminal Law (Mentally Impaired Accused) Act 1996 (CLIMIA Act) by identifying areas where the Act fell short in providing individuals with mental and cognitive impairments access to natural justice, procedural fairness, and appropriate treatment.
The 1996 CLMIA Act poses a risk of imprisoning individuals for indefinite terms of custody, often exceeding what they would have served if convicted of a criminal offence, which undermines justice system values such as equality, the right to a fair trial, and the right to know the charges. The report developed by WAJA and WAAMH explores avenues to reinstate these values and outlines ways to improve access to natural justice, procedural fairness, and appropriate treatment for individuals with mental and cognitive impairments.
The report, titled Justice Denied is Justice Delayed: A Report to Strengthen the CLIMIA Act, and the recommendations were promoted to raise awareness and advocate for system improvements.
Advocacy Leading to Reforms: New Criminal Law (Mental Impairment) Bill 2022
Following a sustained advocacy effort, the Criminal Law (Mental Impairment) Bill 2022 was introduced to WA Parliament in December 2022. This legislation aims to modernise the Criminal Law (Mentally Impaired Accused) Act 1996 and rectify concerns regarding due process and human rights violations. Key changes include the limitation of custody orders, the provision of procedural fairness provisions, and the introduction of judicial discretion for community-based orders.