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Mentally Impaired Accused Review Board

Reports to the Minister

Pursuant to section 33 of the Criminal Law (Mentally Impaired Accused) Act 1996 (WA) (the Act), the Board provides the Attorney General with statutory reports that contain the release considerations outlined in section 33 (5) of the Act. There are varying circumstances where reports are provided to the Attorney General for consideration. These include:

Section 33(1) - At any time the Minister, in writing, may request the Board to report about a mentally impaired accused.

Section 33(2) - The Board must give the Minister a written report about a mentally impaired accused -

  1. within 8 weeks after the custody order was made in respect of the accused;
  2. whenever it gets a written request to do so from the Minister;
  3. whenever it thinks there are special circumstances which justify doing so; and
  4. in any event at least once in every year.

Each statutory report prepared by the Board contains information gathered from a variety of sources and service providers. Statutory reports critically analyse information pertaining to an accused's criminal and medical history, substance abuse issues, treatment needs, criminogenic factors, social background, protective factors, risk and victim issues.

Initially, the Board will often recommend to the Minister that the Governor be advised to make an order allowing the Board to grant leave of absence to an accused, pursuant to section 27(1) of the Act. When deemed appropriate by the Governor in Executive Council, an accused will be granted access into the community for specified periods over an extended length of time. During such periods, the accused will be subject to conditions which are determined by the Board pursuant to section 28(2)(b) of the Act.

Following what is often substantial period of successful community access, the Board will subsequently consider making a recommendation allowing the accused into the community for lengthier periods of time. This measured approach towards release ensures that the accused maintains a validated level of stability and compliance in the community, whilst also aiming to ensure the personal safety of individuals in the community.

Following an accused's successful compliance with a Leave of Absence Order, the Board may recommend to the Minister that the Governor be advised to make an order for the release of the accused on a Conditional Release Order, subject to specified conditions, pursuant to section 35(2)(b) of the Act. Alternatively, the accused may be released unconditionally, pursuant to section 35(2)(a) of the Act.

Last updated: 2-May-2023

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