In a number of Australian jurisdictions the approach to the determination of fitness to plead to summary offences is very unclear. The Queensland Court of Appeal has discussed the issue that in Queensland there is no general legislation that deals with deciding if a person charged with a summary offence is fit to plead. This article reports on a study that was conducted to examine legal practitioners' experiences with the issue of fitness to plead to summary offences in Queensland. This article examines the fitness to plead to summary offences literature, presents and discusses some of the key findings from the study and offers suggestions for law reform. The themes examined in this article are legal practitioners' experiences and opinions on the legislative gap, what participants believe are the effects and consequences of not having legislation in this area and participants' recommendations for law reform. This research has relevance beyond Queensland as it is highly likely that this is an issue in other Australian jurisdictions.
HowardD.WestmoreB. (2010) Crime and mental health law in New South Wales: A practical guide for lawyers and health care professionals, 2nd edn. Chatswood, NSW: LexisNexis Butterworths.
11.
Ierace, M. (2010). Fitness to be tried (paper presented at the University of NSW Law Faculty CLE/CPD day, 2010, November 5, 2010).
12.
JonesC. (1991) Qualitative interviewing. In: GrahamA.SkinnerS. (eds) Handbook for research students in the social sciences, London, England: The Falmer Press, pp. 203–214.
13.
Law Commission for England and Wales. (2010). Impact Assessment of Unfitness to Plead Consultation Paper.
MarvastiA. (2004) Qualitative research in sociology, London, England: Sage Publications.
17.
MilesM.HubermanA. (1994) An expanded sourcebook: Qualitative data analysis, 2nd edn. Thousand Oaks, CA: Sage Publications.
18.
Minichiello, V., & Kottler, J. (eds). (2010) Qualitative journeys: Student and mentor experiences with research. Thousand Oaks, CA: Sage Publications.
19.
North Australian Aboriginal Justice Agency. (2013). Response to the Australian human rights commission issues paper: Access to justice in the criminal justice system for people with disability, p. 9.
20.
New South Wales Law Reform Commission. (2010). People with cognitive and mental health impairments in the criminal justice system: An overview. Consultation Paper 5.
21.
New South Wales Law Reform Commission. (2010). People with cognitive and mental health impairments in the criminal justice system: Criminal responsibility and consequences. Consultation Paper 6.
22.
New South Wales Law Reform Commission. (2013). People with cognitive and mental health impairments in the criminal justice system: Criminal responsibility and consequences. Report No 138.
23.
O'CarrollB. (2013) Intellectual disabilities and the determination of fitness to plead in the magistrates' courts. Criminal Law Journal37: 51–67.
24.
PrichardJ. (2010) Net-widening and the diversion of young people from court: A longitudinal analysis with implications for restorative justice. The Australian and New Zealand Journal of Criminology43(1): 112–129.
VannyK.LevyH.GreenbergD.HayesS. (2009) Mental illness and Intellectual disability in Magistrates Courts in New South Wales, Australia. Journal of Intellectual Disability Research53(3): 289.
33.
Victorian Law Reform Commission. (2014). Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Report. Report 28.
34.
WalshT. (2011) A Special Court for Special Cases. Australasian Institute of Judicial Administration, Brisbane, NA: Australasian Institute of Judicial Administration.
