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The Use of Psychiatric Reports in Sentencing

The Use of Psychiatric Reports in Sentencing AUST & NZ JOURNAL OF CRIMINOLOGY (September 1980) 13 (179-192) 179 Catherine Warner" Introduction Participation by psychiatrists in the criminal process is increasing. It is not now in the pre-trial stages or in relation to questions of responsibility that psychiatrists are most often involved, but at the pre-sentence_ stage. Sections 48 and 49 of the Tasmanian Mental Health Act 1963-1977 give the Supreme Court and the courts of petty sessions power to order mentally abnormal offenders to submit to treatment in a mental hospital. Before making such an order, known as a hospital order, the court must receive two recommendations from medical practitioners, one of whom must be a psychiatrist. Judges and magistrates may also order psychiatric treatment as a condition of probation. There is no specific statutory power to do this, it is done pursuant to a general power to attach conditions to probation. Rather than impose a hospital order or make a psychiatric probation order, judges and magistrates sometimes impose a sentence of imprisonment with a recommendation that the Attorney-General make a transfer direction under s 60 of the Mental Health Act. In addition to these three methods of dealing with mentally abnormal offenders, the courts have http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

The Use of Psychiatric Reports in Sentencing

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References (13)

Publisher
SAGE
Copyright
© The Australian and New Zealand Society of Criminology and Authors, 1980
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486588001300303
Publisher site
See Article on Publisher Site

Abstract

AUST & NZ JOURNAL OF CRIMINOLOGY (September 1980) 13 (179-192) 179 Catherine Warner" Introduction Participation by psychiatrists in the criminal process is increasing. It is not now in the pre-trial stages or in relation to questions of responsibility that psychiatrists are most often involved, but at the pre-sentence_ stage. Sections 48 and 49 of the Tasmanian Mental Health Act 1963-1977 give the Supreme Court and the courts of petty sessions power to order mentally abnormal offenders to submit to treatment in a mental hospital. Before making such an order, known as a hospital order, the court must receive two recommendations from medical practitioners, one of whom must be a psychiatrist. Judges and magistrates may also order psychiatric treatment as a condition of probation. There is no specific statutory power to do this, it is done pursuant to a general power to attach conditions to probation. Rather than impose a hospital order or make a psychiatric probation order, judges and magistrates sometimes impose a sentence of imprisonment with a recommendation that the Attorney-General make a transfer direction under s 60 of the Mental Health Act. In addition to these three methods of dealing with mentally abnormal offenders, the courts have

Journal

Australian & New Zealand Journal of Criminology – SAGE

Published: Sep 1, 1980

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