Intellectual disabilities and the determination of fitness to plead in the magistrates' courts

O'Carroll, Betheli (2013) Intellectual disabilities and the determination of fitness to plead in the magistrates' courts. Criminal Law Journal, 37 1: 51-67.

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Author O'Carroll, Betheli
Title Intellectual disabilities and the determination of fitness to plead in the magistrates' courts
Journal name Criminal Law Journal   Check publisher's open access policy
ISSN 0314-1160
Publication date 2013
Sub-type Article (original research)
Volume 37
Issue 1
Start page 51
End page 67
Total pages 17
Place of publication Rozelle, NSW, Australia
Publisher Lawbook
Collection year 2014
Language eng
Abstract Fitness to plead in the magistrates' courts is a neglected issue in many Australian jurisdictions, with inconsistent laws throughout Australia. In some States, there is no legislation that provides for determining fitness to plead to summary offences. This article examines the legislation and the recent Queensland Court of Appeal case of R v AAM; Ex parte Attorney-General (Qld). In that case, the court set aside the convictions of a person with a significant intellectual disability and criticised Queensland's lack of legislation dealing with fitness to plead to summary offences. The judgment is indicative of the confusion surrounding the procedural and substantive law that should apply when an issue of fitness to plead arises in the magistrates' courts, and demonstrates that law reform in this area of criminal procedure is long overdue throughout Australia.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2014 Collection
TC Beirne School of Law Publications
 
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Created: Tue, 12 Mar 2013, 16:05:35 EST by Carmen Buttery on behalf of T.C. Beirne School of Law