Forensic patients are those subject to supervision orders under either the Crimes (Mental Impairment and unfitness to be tried) Act 1997 (Vic) (“CMIUTA”) or the Crimes Act 1914 (Cth) (“Crimes Act (Cth)”) – the latter are referred to as Commonwealth forensic patients. Supervision orders last for an indefinite time, and can be either custodial or non-custodial.
The CMIUTA deals with the procedures at a criminal trial in the Supreme Court or the County Court where there is an issue as to the accused’s fitness to stand trial, or where the defence of not guilty on the grounds of mental impairment is raised. Part 12 of the MHA 2014 deals with forensic patients and the criteria and process around being taken to another designated mental health service and applying to the MHT for review of such a decision. (See Disability and criminal justice.)