Criminal Law (Mentally Impaired Accused) Act 1996 - custody orders
3838. Hon Alison Xamon to the Parliamentary Secretary representing the Attorney General
I refer to the issuing custody orders under the Criminal Law (Mentally Impaired Accused) Act 1996, and ask —
(1) How many custody orders have been made in the Magistrates Court since 1996?
(2) Which years were the custody orders made?
(3) Did the custody orders arise from lack of fitness to stand trial or section 27 defence under the Criminal Code?
(4) How many custody orders have been made in the Children’s Court since 1996?
(5) Which years were the custody orders made?
(6) Did the custody orders arise from lack of fitness to stand trial or section 27 defence under the Criminal Code?
Hon MICHAEL MISCHIN replied:
(1) 12 custody orders have been made in the Magistrates Court since 1996.
Information has been electronically extracted from the Lower Courts Case Management System (CHIPS). CHIPS was reticulated out state-wide from 1996, therefore not all the requested information may have been captured.
(2)
| Year | Number of Custody Orders Made |
| 2000 | 1 |
| 2003 | 1 |
| 2004 | 1 |
| 2005 | 3 |
| 2006 | 2 |
| 2007 | 1 |
| 2008 | 1 |
| 2009 | 1 |
| 2010 | 1 |
(3) Nine orders were from lack of fitness to stand trial and three orders were for a section 27 defence under the Criminal Code.
(4) Two custody orders have been made in the Children's Court since 1996. The custody orders are for the same offender but have been made on two different dates and relate to different charges.
Information has been electronically extracted from CHIPS. CHIPS was reticulated out state-wide from 1996, therefore not all the requested information may have been captured.
(5) 1999 and 2000.
(6) Both custody orders arose from a lack of fitness to stand trial.