forensic_med
forensic medicine, crimes and prisoners
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Victoria
Crimes Acts
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essentially adds a form of mandatory 4 year minimum non-parole sentencing for Gross Violent Crimes where serious injury results whether intentionally or recklessly in circumstances of gross violence (there are some special circumstances which may exclude this charge)
doctors may be requested to give evidence to help decide if serious injury resulted or if the injury could have been not from violence but from a fall or seizure
serious injury is defined in the Act as:
(a) an injury (including the cumulative effect of more than one injury) that
(b) the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm
injury occurring after 1st July 2013 means:
physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function
harm to mental health includes psychological harm but does not include an emotional reaction such as distress, grief, fear or anger unless it results in psychological harm
essentially, gross violence means that the offender either:
planned to cause, or a reasonable person would expect that the result would be, serious injury, or,
acted with another person, or,
planned to use, and did use an offensive weapon to cause serious injury, or,
continued to cause injury after the person was incapacitated, or,
caused serious injury while the person was incapacitated
if the circumstance of gross violence was not present, the offender could be charged with the alternate charge under sections 16, 17 or 18 of the Crimes Act 1958 which have not been amended and do not carry minimum sentencing
if the serious injury arose from negligence, then section 24 of the Crimes Act 1958 may apply.
if only a threat to inflict serious injury is made, the offender could be charged under Sect 21 of the Crimes Act 1958
lesser injuries or threats may fall under assaults in sections 31,39,etc of the Crimes Act 1958
Forensicare
mental health aspects
the
the community parts of the Mental Health ACT 2014 generally do NOT APPLY to prisoners, and as such, the usual
Section 52 MH Treatment Orders do not apply, and thus they cannot be given medications against their will under a S52 - this creates major issues as those with chronic psychotic disorders may refuse anti-psychotic medications and become very unwell from a psychiatric view whilst in prison
prisoners however, can be placed on a
Section 276 mental health Secure Treatment Order within Part 11 of the Mental Health Act 2014 after assessment by a psychiatrist, and referred to a forensic psychiatric hospital (eg. Thomas Embling Hospital) as a “security patient” where they can be given medication and assessed by a psychiatrist, but there is often a wait for such beds and treatment is usually transient, and when they return to prison after being discharged from the Secure Treatment Order, they can then refuse medications again
when prisoners are released from their custodial sentence, the forensic carers may deem them needing a MH assessment order, in which case, they are usually met on release by police and taken to the nearest ED on a Section 351 for a MH assessment - most of whom are then released into the community
people brought to ED under arrest by the police and not on bail, also do not fit under the MH Act, and thus, if they have MH needs, they will need to be referred to a forensic medical officer, not the community mental health teams
forensic_med.txt · Last modified: 2017/06/06 15:33 (external edit)