The verdict term ‘not guilty due to mental incompetence’ will be removed and replaced as part of a move to better reflect both the experience of victims and the findings of the court.
There has been concern amongst victim advocates that the term ‘not guilty’ in this context is no longer appropriate as it can lead to distress and confusion in the community, and fails to adequately encapsulate the court’s findings.
Under reforms that have now passed State Parliament, the term will be replaced with a finding of ‘conduct proved, but not criminally responsible’ due to mental incompetence.
This amendment has been advocated for by victims that the Government has met with and the current and previous Commissioner for Victims’ Rights.
The Government will be working with the Courts Administration Authority and police to commence the reforms as soon as possible.