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Crimes involving mental health or cognitive impairment

WEBA mental health impairment includes a temporary or ongoing disturbance that effects the judgment or behaviour of a person but it must be significant enough to result in a mental …

Actived: 3 days ago

URL: https://www.odpp.nsw.gov.au/prosecution-guidance/crimes-involving-mental-health-or-cognitive-impairment

Defence of mental health or cognitive impairment ODPP

WEBA mental health or cognitive impairment can be a defence to a criminal charge. A person is not criminally responsible for an offence if, at the time of carrying out the act constituting …

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Detention for serious crimes involving mental health …

WEBAn accused with a mental health or cognitive impairment may be detained as a forensic patient. A person with a mental health impairment or a cognitive impairment who …

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Fitness to be tried ODPP

WEBIf the judge holding the fitness inquiry finds the accused is fit to be tried, the matter will go back to where it was in the criminal justice system and continue like any other criminal …

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Chapter 8. Mental illness ODPP

WEB8.2 The decision to prosecutre. Guideline 1.2 sets out some of the factors that may be taken into account in determining whether to prosecute. These include the …

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How the courts deal with less serious crimes involving …

WEBIf the accused appears to have a mental health impairment or cognitive impairment – or to have had one when the offence was committed – the magistrate has the option of …

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Support for victims in cases involving mental illness ODPP

WEBIf you are a victim (including a family victim) of a violent crime involving mental illness or impairment, Victims Services has a specialist team that can provide you with support …

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Prosecution Guidance ODPP

WEBCrimes involving mental health or cognitive impairment. Fitness to be tried; Defence of mental health or cognitive impairment; Detention for serious crimes involving mental …

Category:  Fitness Go Health

Prosecution Guidelines ODPP

WEBProsecution Guidelines. The Prosecution Guidelines, issued under s13 (1) of the Director of Public Prosecutions Act 1986, set out the general principles for the initiation and conduct …

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Charges and EAGP ODPP

WEBOnce the brief has been served, a Magistrate will make an order for the ODPP to certify a charge. This step requires the ODPP to evaluate the evidence contained in the brief and …

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Chapter 14. Evidence ODPP

WEB14.5 Calling of expert evidence and the use of Audio-Visual Link (AVL) Prosecutors must request the court to allow medical practitioners to give evidence at a …

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About the prosecution process ODPP

WEBThe prosecution process will vary in each case, but commonly involves taking a matter through a committal in the Local Court, followed by a trial and/or sentence proceedings …

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Victims & Witnesses ODPP

WEBCrimes involving mental health or cognitive impairment. Fitness to be tried; Defence of mental health or cognitive impairment; Detention for serious crimes involving mental …

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Sentencing ODPP

WEBSentencing. There are range of sentences that a court is able to impose. An accused person will be sentenced after pleading guilty to a crime or after being found guilty by a …

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Chapter 1. The decision to prosecute ODPP

WEBthe victim’s age, physical health, mental health or cognitive impairment and whether the prosecution may have an adverse physical or emotional impact on the …

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Further information and support ODPP

WEBNSW Health (provides a wide range of service for the prevention and response to violence, abuse and neglect) Parent Line (phone counselling, information and referral service for …

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Charges involving a young person ODPP

WEBCharges involving a young person. Offences committed by young persons, who are under the age of 18 years, are usually prosecuted in the Children's Court. Most criminal cases …

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Committal process ODPP

WEBThe ODPP usually take over prosecuting committal proceedings after the Police provide the ODPP with a brief of evidence. The ODPP takes over the prosecution of serious crimes …

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Chapter 7. Taking over proceedings ODPP

WEB7.3 Taking over proceedings commenced by a private prosecutor. NSW law allows for a prosecution to be commenced by a private individual and this right has been …

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Chapter 13. Disclosure ODPP

WEBProsecution Guidelines. Chapter 13. Disclosure. The purpose of this Chapter is to set out the prosecution’s continuing duty of disclosure and also how the duty of …

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