Ms Jude McDonnell1, Ms Tanya D'Souza1
1Office Of Public Prosecutions, Melbourne, Australia
Biography:
Jude McDonnell has worked at the Office of Public Prosecutions for ten years. For the last three years she has been in the role of Principal Solicitor – Training and Advice – Mental Impairment and Fitness.
Tanya D'Souza is a Principal Solicitor at the Office of Public Prosecutions. Tanya is Chair of the Mental Impairment and Fitness Committee (MIUC) providing specialist legal advice to OPP solicitors on prosecutions involving mental impairment and fitness. Tanya holds a Bachelor of Laws (Hons), and a Master of Laws (Human Rights) with Distinction.
Abstract:
The criminal justice system is frequently called on to respond to people charged with offences who have a mental condition, such as mental illness or disordered or impaired cognitive functioning.
The Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA) provides a legislative framework addressing the relevant practices and procedures that apply in criminal proceedings involving mental impairment and/or unfitness to stand trial. The CMIA establishes legal tests for determining mental impairment and unfitness to stand trial, and prescribes particular court proceedings for navigating these issues.
In Victoria, the Director of Public Prosecutions (DPP) is responsible for prosecuting the most serious criminal matters in Victoria, on behalf of the community. Part of the work of the DPP involves prosecuting matters in which mental impairment and/or unfitness to be tried, are raised. Whilst the CMIA provides the foundational legislative framework for guiding these matters, all decisions made by prosecutors in these proceedings must consider the DPP Policy, a document outlining the principles and standards applicable to prosecuting criminal matters in Victoria.
In this presentation, solicitors from the OPP will provide insights, including:
-How CMIA matters are received and assessed by the OPP;
-Relevant case law which helps us interpret the legislative provisions;
-Factors and considerations in the decision-making process;
-Victims and Families – their rights and OPP obligations;
-The types of conditions usually attached to Supervision Orders;
-Current challenges and emerging issues.