Dr Amee Baird1
1Newcastle Neuropsychology & University of Newcastle, Newcastle, Australia
Biography:
Dr Amee Baird is a clinical neuropsychologist with a PhD from the University of Melbourne. She has over 20 years’ experience in clinical and research positions overseas in London and Paris and is now based in Newcastle where she has a private practice. She is a member of the NSW Guardianship and Mental Health Review Tribunals. She is due to complete a Juris Doctor and Diploma of Legal Practice at the University of Newcastle at the end of 2024 and was recently awarded a Justice Fellowship from the NSW Law and Justice Foundation to explore dementia and criminal law.
Abstract:
Background: The intersection of dementia and criminal law is fraught at various stages of the criminal justice process. The timing and accuracy of an offender’s dementia diagnosis can affect legal outcomes. Diversion out of the criminal justice system may be possible if the dementia diagnosis is known at the time of offending or shortly after. In New South Wales (NSW), Australia, ‘dementia’ is listed as one type of eligible cognitive impairment for diversion in Local Court proceedings (section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act (2020). There has been no empirical research to date on the experiences of people with dementia facing the criminal justice system in NSW. This case series addresses this current gap in research.
Methods and Findings: Five people (4 males, 1 female, aged 73-85 years) who faced various criminal charges (for example, sexual touching and possessing a prohibited weapon) were seen for neuropsychological assessment for the purpose of a section 14 application at the NSW Local Court. They were all successful based on findings of cognitive impairment due to a possible dementia of various types, which was unknown at the time of offending.
Conclusion: This case series provides insights into the intersection between dementia and crime. Our ageing population means there will be a growing number of offenders with dementia facing the criminal justice system. There is a need for accurate and early diagnosis to ensure just outcomes such as diversion for this vulnerable population.