Mental Impairment and the Law: A Report on the Operation of Part 8A of the Criminal Law Consolidation Act 1935 (SA)

Jamie Mark Walvisch

Research output: Book/ReportCommissioned Report


In January 2012, the Hon. John Rau MP, Attorney-General announced theestablishment of the Sentencing Advisory Council in South Australia (the Council).The Council’s first terms of reference related to the operation of Part 8A of the Criminal Law Consolidation Act 1935 (SA) (CLCA). In July 2013, the Council released a Discussion Paper which asked 27 questions and called for submissions from the public. After consideration of the 21 submissions received, as well as consideration of the position in other Australian jurisdictions and recommendations made by other reviews of the relevant issues, the Council prepared this Recommendation Report.This Report considers the law and practice relating to the defence of mental incompetence, and associated legal processes, under Part 8A of the CLCA. The defence of mental incompetence concerns those who are considered not responsible under the criminal law due to a mental impairment which has certain consequences referred to in Part 8A of the CLCA.
Original languageEnglish
Place of PublicationSouth Australia
PublisherAttorney-General's Department, Government of South Australia
Commissioning bodySentencing Advisory Council (SA)
Number of pages271
Publication statusPublished - Nov 2014


  • Criminal Law
  • Mental Health
  • Insanity
  • Sentencing

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