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If the jury find that the defendant is unfit to plead, the judge may: make a guardianship order within the meaning of the Mental Health Act 1983; make a supervision and treatment order within the meaning of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; or; make an order for his absolute discharge. [12]
The government then has a right to have the court order a psychiatric or psychological examination. If the defendant does not submit to the examination, the court may exclude any expert evidence from the defendant on the issue of the defendant’s mental disease, mental defect, or any other mental condition.
The definition of insanity is similar to the M'Naught criterion above: "the accused is insane, if during the act, due to a mental illness, profound mental retardation or a severe disruption of mental health or consciousness, he cannot understand the actual nature of his act or its illegality, or that his ability to control his behavior is ...
The American Bar Association's Criminal Justice Mental Health Standards stated in 1994 that the issue of a defendant's current mental incompetence is the single most important issue in the criminal mental health field, noting that an estimated 24,000 to 60,000 forensic evaluations of a criminal defendant's competency to stand trial were ...
Most of the committee's recommendations on fitness to plead were incorporated into the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, such as the requirement for expert evidence on fitness from two medical practitioners and, if found unfit by the judge, a hearing of the facts in place of a full trial. [9]
SB 43 also requires that counties provide the state public health department with local data on conservatorship, including the number of people transferred to mental health facilities, the number ...
They are the result of cuts made to the child welfare system by then-Gov. Paul LePage at a time when the opioid crisis, and the lack of mental health and substance abuse services, were causing an ...
In United States and Canadian law [citation needed], competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific.