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9 Pages Essays / Projects Year: Pre-2021

There is convincing evidence that people with cognitive and mental health impairments are over-represented across the criminal justice system (CJS), however, the majority of people with such impairment certainly do not offend. Attributing cause is more than a simple relationship between impairment and crime, as a much higher rate of offending result from a multitude of elements; including, disrupted family backgrounds, domestic violence, physical and or sexual abuse, illegal drug use and or alcohol abuse, and homelessness. Early identification and diversion of offenders suffering with a mental or intellectual impairment, or reduces the chance they will end up in the criminal justice or forensic system. It is therefore suggested, that the fundamental goal of sentencing offenders, with a mental disorder should be rehabilitation by psychiatric treatment and not punishment or deterrence by way of penal sanctions. The aim therefore of this assignment is to critically explain the factors the court takes under consideration when faced with an alleged offender, thought to be suffering a mental impairment. Topics addressed include, factors the court considers when deciding whether to divert, or not, an alleged offender for treatment under section 32 and 33 of the Mental Health (Forensic Provisions) Act 1990 (NSW).


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