The complex task of establishing fitness to stand trial
On 16 March 2020, the District Court in Auckland had its first sitting of a court dedicated exclusively to cases where issues of fitness to stand trial or insanity had been raised, and a second such court is poised to open in Gisborne in the new year.
The Criminal Procedure Mentally Impaired Persons Court was co-founded by Judges Pippa Sinclair and Clare Ryan and convenes fortnightly to determine whether a criminal defendant is fit to stand trial. The court's genesis lies in the Criminal Procedure (Mentally Impaired Persons) Act of 2003, which outlines options for defendants found unfit or legally insane.
These options include detention as a special patient or immediate release. The court handles cases involving defendants with severe mental health issues, such as delusions and hallucinations, and seeks to ensure they receive appropriate care and support. But the process is far from straightforward.
Last year 185 people, charged with 729 offences were deemed unfit to stand trial. Judge Pippa Sinclair discusses with Kathryn Ryan.
Photo:
RNZ / Robin Martin
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