Mental Health Legal Centre Inc.

Criminal Justice System and Police Powers

Police powers and use of force

Aside from their general law enforcement and community safety powers, Victoria Police have particular powers under sections 9A, 9B and 10 of the Mental Health Act 1986 (Vic) to, in certain circumstances, apprehend and restrain a person who appears to have a mental illness and to transport them to an approved mental health service.  In certain circumstances police may also enter premises and may use reasonable force to exercise some of these powers.

 

Failing, not protecting the community - new laws give armed protective services officers new powers to use force to apprehend people who "appear to be mentally ill"

The Victorian Government on 31 August 2011 passed concerning new laws that give new armed protective services officers (PSOs) on Melbourne's train network many powers including the power to apprehend a person who appears to be mentally ill and at risk of suicide or of causing serious bodily harm to themselves or someone else.  PSOs will also have the authority to use reasonable force to apprehend a person in such circumstances. Until now, only Police had these mental health-specific powers, under s10 of the Mental Health Act.

Despite community opposition to the amendments in the Bill,  including these "section 10 powers" (contained at clauses 37-38), ultimately the Bill passed after the upper house debated it until 4am. 

 

For more information:

• Read the Justice Legislation Amendment (Protective Services Officers) Act 2011 as passed
• See the upper house (Legislative Council) debate (evening of 30 August 2011) in Hansard, including reference (p39-43) to the forum on 23 August organised by Sue Pennicuik (Greens Upper House MP) in which MHLC participated.
• See link to the Greens media release on the passing of the Bill (1 September 2011)

New 'mental health powers' for PSOs are stigmatising, dangerous & unjustified

The MHLC ran a campaign to have these mental health-specific amendments removed from the Justice Legislation Amendment (Protective Services Officers) Bill 2011. 

• Briefing paper (pdf 413 kb) (August 2011) - outlines who PSOs are and the impact of amendments which would give PSOs new powers to apprehend, using force, someone who "appears to be mentally ill"
   
• Media release 17 August 2011 (pdf 87 kb) - joint media release by the MHLC and the Federation of Community Legal Centres expressing our concerns about these amendments
   
• See MHLC on Youtube footage about PSO powers from a rally 27 August 2011, organised by the Australian Mental Heatlh Human Rights and Law Reform Coalition.  (Footage courtesy of Anthony Snowden from 'Box4')

The MHLC is still concerned about the impact of these new laws and committed to monitoring their implementation.

 

For more information, please contact:

Catherine Leslie, Lawyer/policy officer, MHLC  - tel: (03) 9629 4422 or email: catherine.leslie@mhlc.org.au (note change of email address)

 

 

Mandatory sentencing

The Victorian Government recently announced its commitment to introducing statutory minimum sentences for particular offences involving "gross violence".  The government's proposal effectively amounts to a mandatory sentencing regime for both adult offenders and young people aged 16 or 17.  The Sentencing Advisory Council (SAC) has been asked to provide advice to the government about details of the mandatory sentencing regime. 

In our submission to the SAC, the MHLC has made clear it strongly opposes mandatory sentencing as it removes the ability of the judiciary to take into account the specific circumstances of the offence, particularly where a person's mental illness was a significant contributing factor.  Our submission draws on the findings and recommendations of the MHLC’s report on the experiences of people with mental illness in the criminal justice system (see below).

• MHLC submission to the SAC on mandatory sentencing (pdf 71kb) June 2011

Experiences of the Criminal Justice System

• The perspectives of people iving with mental illness (pdf 808 KB) October 2010
• Conference presentation - Inside Access (pdf 460kb) October 2010

Courts

Treatment and Care of Mentally Ill Offenders

Specialist Courts and Therapeutic Jurisprudence

Bail

• MHLC respone to Review of Bail Act 146 KB

You can also access information about mental health and the criminal justice system in our education section.