Support of victims of offenders with mental illness

The rights of victims of crime, particularly the right to be heard and have their experience validated, are often neglected in the criminal justice process. Where the offender is diverted into the mental system for treatment and particularly when the offender subsequently avails of a mental health defence and is acquitted, victims may not understanding the process and may feel aggrieved at the outcome. When an offender with a mental illness responds to treatment and rehabilitation and begins to negotiate leave from hospital preparatory to reintegration into the community, it may be very difficult for victims to accept the transition. As a result of the recommendations of the Butler Review of the Mental Health Act in Queensland, there are now quite innovative provisions which recognise the rights of victims and further enhance the confidence of the public in the safety, transparency and accountability of the process of disposition and community leave of offenders with mental illness. The provisions may provide a model for other jurisdictions.