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Public Defenders

Guide to Mental Health Forensic Processess

Individual Chapters

1. Introduction

2. Defining mental health and cognitive impairment

3. Taking instructions and giving advice

4. Expert witnesses

5. Raising fitness

6. The fitness inquiry

7. The special hearing

8. Mental health and cognitive impairment defences in a criminal trial

9. Commonwealth provisions

10. The role of the Mental Health Review Tribunal

11. Summary jurisdiction

12. Appeals

13. Extension orders


Procedural Flow Charts


Summary of Significant Changes - Mental Health and Cognitive Impairment Forensic Provisions Act 2020

Booklets for helping impaired clients understand

Below are links to two booklets produced by Legal Aid NSW.  They are in very simplified form and are about limiting terms and findings of "act proven but not criminally responsible", including the concepts, consequences and processes. 

They are designed for use by practitioners and others to help provide explanations and advice to clients whose comprehension may be impaired.

Limiting Term

Act proven but not criminally responsible