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Assessing fitness for trial in a Children's Court

Christian Bullough¹, Chelsea Leach¹, Scott Harden¹

¹Forensic Child and Youth Mental Health Service, Children's Health Queensland, Brisbane, QLD, Australia.

Psychiatry, Psychology, and Law : an Interdisciplinary Journal of the Australian and New Zealand Association of Psychiatry, Psychology and Law

|June 27, 2022

Abstract:

In 2016, Queensland introduced changes to mental health legislation, providing additional powers to Magistrates in relation to soundness of mind and fitness for trial. This article explores the application of fitness for trial to young people in the Magistrate's Court. It begins with a discussion of fitness for trial broadly, exploring issues with the current legal test, and discusses the unique application of the test in Queensland. By highlighting the inherent vulnerabilities of young people involved in the legal system, we identify the gaps and challenges of assessing fitness for trial with this population. In conclusion we recommend further exploration of alternative models for resolving questions of fitness for trial for young people involved in the criminal justice system.

Keywords:

Presser criteria Pritchard criteria Queensland legislation competence to stand trial decision-making forensic psychology health assessors mental health

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