The Minister of Justice has asked the Law Commission to undertake a comprehensive review of the Criminal Procedure (Mentally Impaired Persons) Act 2003, which outlines how the justice system responds to people with mental impairments who are facing criminal charges.

The Act allows courts to determine whether a person is unfit to stand trial due to mental impairment or is not criminally responsible for the offending due to insanity. It also sets the legal framework for determining whether such people should be detained in a health or criminal justice facility, where appropriate.

Tumu Whakarae | President Dr Amokura Kawharu says there is strong support for a review of this legislation:

“The courts and legal and health professionals have expressed long-running concerns with the Act’s complexity and application.

The Act has not undergone a substantive review since it was enacted in 2003, and there is a clear need to ensure it remains relevant and workable.”

It is expected that the Commission will begin this project in the second half of 2025.