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Practice Procedures and Directions

2.30. What is a special verdict of not guilty by reason of mental illness?

2.30.1 What orders may the court make after the finding of not guilty by reason of mental illness?

The Court may order that the person be detained in any place or manner it thinks fit or released conditionally or unconditionally. An order for release cannot be made unless the Court is satisfied on the balance of probabilities, that the safety of the person or any member of the public will not be seriously endangered by the person's release ss 25, 38, 39.


2.30.2 When must the tribunal review a person after the court's finding of not guilty by reason of mental illness?

The tribunal must review a person's case as soon as practicable after the person is found not guilty by reason of mental illness and must make a recommendation to the Minister as to the person's care, detention or treatment, or release either unconditionally or subject to conditions. The tribunal cannot recommend a person's release unless satisfied that the safety of the person or any member of the public will not be seriously endangered s 41.


2.30.3 Where are forensic hospitals in NSW?

Forensic hospitals in New South Wales include:

  • The Long Bay Forensic & Prison Hospitals.
  • The Morisset, Kenmore, Macquarie, Concord and Cumberland Hospitals.

Most male forensic patients found not guilty by reason of mental illness are initially detained at Long Bay Prison Hospital, the Metropolitan Remand and Reception Centre or Silverwater Correctional Centre.

Females may be detained at Long Bay Prison Hospital, Silverwater Women's Prison or the Cumberland Hospital.

Patient's who rehabilitate successfully and their condition improves are transferred to medium and low security forensic hospital settings with appropriate leave conditions and in some cases, granted conditional and unconditional release.




Date Last Published: 3/10/2008