Hon Michael Mischin LLB (Hons) BJuris (Hons) MLC

Hon Michael Mischin LLB (Hons) BJuris (Hons) MLC

Former Attorney General; Minister for Commerce

    Mentally impaired accused paper released

    25/09/2014 12:00 AM
    • Public comment invited on law dealing with mentally impaired accused
    • Act relates to how mentally impaired accused are dealt with by the courts

    A discussion paper on the operation of the Criminal Law (Mentally Impaired Accused) Act 1996 (CLMIA Act) has been released today for public comment.


    Attorney General Michael Mischin said the review of the Act fulfilled an election commitment and had been a comprehensive process aimed at reforming the way the justice system dealt with accused people who were mentally impaired.


    Mr Mischin said issues under consideration included whether the courts should have more options in dealing with mentally impaired accused; whether greater consideration should be given to victims of crime; and whether the criteria for determining if a person was mentally unfit to stand trial should be amended.


    “Several cases over the past few years have highlighted potential areas for reform,” he said.


    “We are aiming to achieve an appropriate balance between the needs of vulnerable people with a mental impairment and meeting the community’s expectation that public safety remains a priority with any changes to the legislation.


    “I strongly encourage individuals and organisations, including those from the forensic mental health and disability sectors, and the legal sector who have professional experience with the CLMIA Act, to consider the discussion paper and make a submission.”


    The Attorney General said feedback from the public consultation period, which closes at noon on Friday, December 12, 2014, will be used to inform future changes to the Act.


    Submissions to the review should be forwarded to: Review of the Criminal Law (Mentally Impaired Accused) Act 1996; Policy and Aboriginal Services Directorate; Department of the Attorney General; GPO Box F317; Perth WA 6841; or emailed to:



           Fact File

    • A mentally impaired accused person is someone who is found by a court to either be mentally unfit to stand trial, or who has been found not guilty of a criminal offence because they are of unsound mind
    • The discussion paper is available from the Department of the Attorney General website at http://www.dotag.wa.gov.au/clmia  
    • The CLMIA Act is available on the State Law Publisher website at http://www.slp.wa.gov.au  or by telephoning (08) 9264 1622
    Attorney General’s office - 6552 5600