2011年7月3日星期日

Criminals abusing mental impairment defence: Xenophon

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Posted July 1, 2011 11:14:00

A push will be made for a Senate inquiry into use of the mental impairment defence by criminals with no history of mental illness.

Independent Senator Nick Xenophon said the measure was intended for serious crime but is being abused.

"The mental impairment defence is supposed to be used by offenders who have legitimate mental illnesses, not for people experiencing a drug-induced psychosis," he said.

"The mental impairment defence [is] now it's being used for traffic and graffiti crimes.

"This means that people with drug problems are taking up beds, time and services in mental health institutions away from those who genuinely need mental health treatment."

The reform push stems from concern expressed by head of the Parole Board in South Australia, Frances Nelson QC.

"We have people who have been on parole before who have a drug problem who then take advantage of a mental impairment licence knowing full well that the same sanctions don't exist if they breach by using drugs," she said.

Ms Nelson says health institutions are not set up to deal with people with substance abuse problems who breach their licence conditions.

She says the definition of mental impairment needs to be addressed.

Tags: government-and-politics, federal-state-issues, federal-parliament, states-and-territories, health, mental-health, law-crime-and-justice, laws, prisons-and-punishment, australia, sa, adelaide-5000


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