Mandatory sentencing still a problem

Mandatory sentencing of the mentally ill is still a problem despite the Governments claims that it is no longer occurring, the Greens said today.

The comments came following the tabling of the 2010/11 Annual report of the Council of Official Visitors in Parliament.

“During debate on my Private Members Bill seeking to ensure mandatory sentencing for those who suffer from profound mental impairment who had committed an assault against a public officer did not apply, the Government made numerous statements that any amendments to the Act were not necessary as people with profound mental impairment were not being affected.

“Yet the latest independent report from the Council of Official Visitors has made it clear that mandatory sentencing is still very much a problem.  In fact the report says that not only are carers of people with profound mental illness still very fearful of contacting the police or ambulance for assistance, of deeper concern is that the Council of Official Visitors is starting to hear of cases where people with a mental illness are being charged under these laws.

“Clearly then all the Government’s posturing that there were sufficient safeguards to prevent people with mental impairment being captured was a load of bunkum.  There was much said about the development of ‘Prosecutorial Guidelines’ but judging by the report these are not worth the paper they are printed on.

“This Government has liked to talk up its credentials on mental health, but at the same time they have never been unable to reconcile this with their desire to be seen to be tough on crime.  It is a disgrace that they are prepared to continue to allow some of our most vulnerable citizens to continue to get caught up in their populist and punitive agenda.

“I call on the Government to have the courage to admit they got this one wrong and to immediately ensure judicial discretion is available for those people who have been charged with offences who can demonstrate that they were significantly mentally impaired at the time,” Ms Xamon concluded.