❓ A WA parliamentary question addresses potential amendments to mandatory sentencing laws concerning individuals with mental health disorders. The response indicates no current amendments are planned, citing existing legislation for mentally impaired accused persons and deferring the question about treatment in prison to the Minister for Corrective Services.
AnsweredQoN 167Legislative Council
Asked
22 March 2011
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
MANDATORY SENTENCING — MENTAL HEALTH
Some notice has been given of the question. (1) Are any amendments being drafted to mandatory sentencing laws in relation to patients suffering a mental health disorder? (2) If no to (1), why not? (3) How many people suffering with mental health issues have been charged and sentenced under the mandatory sentencing laws? (4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN
Some notice has been given of the question. (1) Are any amendments being drafted to mandatory sentencing laws in relation to patients suffering a mental health disorder? (2) If no to (1), why not? (3) How many people suffering with mental health issues have been charged and sentenced under the mandatory sentencing laws? (4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN
AnswerView source ↗
I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(1) Are any amendments being drafted to mandatory sentencing laws in relation to patients suffering a mental health disorder? (2) If no to (1), why not? (3) How many people suffering with mental health issues have been charged and sentenced under the mandatory sentencing laws? (4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(2) If no to (1), why not? (3) How many people suffering with mental health issues have been charged and sentenced under the mandatory sentencing laws? (4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(3) How many people suffering with mental health issues have been charged and sentenced under the mandatory sentencing laws? (4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
[Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(5) This question would need to be referred to the Minister for Corrective Services.
(1) Are any amendments being drafted to mandatory sentencing laws in relation to patients suffering a mental health disorder? (2) If no to (1), why not? (3) How many people suffering with mental health issues have been charged and sentenced under the mandatory sentencing laws? (4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(2) If no to (1), why not? (3) How many people suffering with mental health issues have been charged and sentenced under the mandatory sentencing laws? (4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(3) How many people suffering with mental health issues have been charged and sentenced under the mandatory sentencing laws? (4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(4) What were the prison terms for these people? (5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(5) What treatment are these people receiving for their mental health issues while in the prison system? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
I thank the honourable member for some notice of this question. (1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(1) In Western Australia there are several offences for which a mandatory sentence is applicable, including, in the Criminal Code, mandatory imprisonment for serious assaults committed in prescribed circumstances, and mandatory imprisonment for repeat offenders convicted of burglaries in places ordinarily used for human habitation. There are no amendments presently being drafted to any of these mandatory sentencing laws. [Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
[Emergency evacuation alarm sounded.] The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
The PRESIDENT : Order! We have to wait for further instructions. In the meantime, we will proceed. Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
Hon MICHAEL MISCHIN : I will continue — (2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(2)–(4) The government is satisfied with the manner in which these laws are operating. When a mental disorder is sufficient to vitiate a person’s criminal responsibility, that occurs. Further proceedings relating to mentally impaired persons are covered by separate legislation—the Criminal Law (Mentally Impaired Accused) Act 1996. Under that act, the court is empowered or, in some instances, required to make particular orders in respect of the mentally impaired person rather than sentencing that person. Hence, when a person is charged with an offence and is sufficiently mentally impaired to be not guilty by reason of unsoundness of mind or is not mentally fit to stand trial, they are not sentenced under mandatory sentencing laws. As this is the case, parts (3) and (4) of the member’s question are not applicable and cannot be answered. (5) This question would need to be referred to the Minister for Corrective Services.
(5) This question would need to be referred to the Minister for Corrective Services.
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Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.