Forensic patients (Victims)

What is a forensic patient?

A forensic patient is someone the court has:

• found unfit to stand trial for an offence and ordered to be kept in a correctional centre, mental health facility or another place
• found not guilty because of mental illness, or given a limiting term, and kept in prison, hospital or another place
• found not guilty because of mental illness and released on conditions.

A forensic patient is not:

• someone found unfit to stand trial who has been released on bail
• a correctional patient.

Mental Health Review Tribunal reviews

The Mental Health Review Tribunal reviews the offender’s detention, care and treatment. Its main focus is the offender’s treatment and care. Unlike a criminal court, the tribunal does not decide guilt or punish the offender for the offence.

The law says the tribunal must hold reviews at set times. The tribunal can also hold reviews at any other time.

Reviews are usually held at the mental health facility where the offender is being kept.

If the offender is unfit to stand trial

If the offender is found unfit to stand trial, the tribunal must hold a review as soon as possible. The tribunal will decide whether the offender has become fit to stand trial.

The tribunal must tell the court, the prosecutor and the offender’s lawyer if it decides the offender:

• has become fit to stand trial, or
• is not likely to become fit to stand trial within the next 12 months.

The tribunal makes this decision on the balance of probabilities.

If the offender becomes fit to stand trial, the court case will continue from where it stopped.

If the offender is not likely to become fit to stand trial within the next 12 months, the court must decide whether there will be a special hearing.

For more information, see Mental health or cognitive impairment (Victims).

Participating in a review

You do not have to go to a tribunal review. It is your choice.

If you want to, you can go to the review and take part. You can make submissions and ask the tribunal to make certain orders.

You can’t cross-examine the offender at the review.

If you want to attend a review about the offender’s application for leave or release, contact the tribunal at least seven days before the review to confirm the arrangements.

For more information, see Participating in a tribunal review.

What the tribunal considers

At each review, the tribunal has several goals. These include:

• making sure the offender gets care, treatment and supervision
• protecting your safety and the safety of other victims, and recognising the harm caused
• protecting the safety of the public.

When deciding what orders to make, the tribunal must consider:

• whether the offender has a mental health impairment or cognitive impairment
• whether the offender must remain a forensic patient to protect them or others from serious harm
• the offender’s condition, and whether it is likely to get worse
• whether less restrictive care would still be safe and effective for the offender
• procedural fairness for everyone with a proper interest in the case
• whether releasing the offender, or allowing them leave, would seriously endanger a victim or the public
• your rights under the Charter of Victims Rights.

Who can give evidence

When deciding whether to release the offender, the tribunal will consider evidence from:

• the medical treating team
• you and any other registered victims, including your submissions and Victim Impact Statement
• the offender.

The decision

The tribunal can make a range of orders, including:

• an order for the offender to be detained and treated in a mental health facility, correctional centre, detention centre or another place
• a transfer order to move the offender to a mental health facility, correctional centre, detention centre or another place
• a release order, which can be conditional or unconditional
• a leave order, which always has conditions
• an apprehension order to arrest and detain a forensic patient who runs away, does not follow a release condition, or whose mental health is getting worse.

Release orders

The tribunal can only release the offender if it believes that this would not seriously endanger your safety or the public’s safety.

The tribunal can put conditions on the offender’s release. These can include:

• taking medication
• using alcohol or drugs
• drug testing
• medical testing
• appointments with specialists, such as a psychiatrist, case manager or other health worker
• conditions about the offender’s care, treatment and review by medical professionals
• where the offender lives and their living conditions
• monitoring, such as electronic monitoring
• taking part in education, training, rehabilitation, recreation, therapy or another program
• whether the offender can contact you or your family
• banning or restricting the offender from going to certain places
• rules about conduct.

The tribunal decides which conditions to impose based on the facts of each case.

The tribunal cannot make a release order if the offender has been taken into custody while waiting to return to court. But the tribunal can recommend that the court release the offender from custody.

The tribunal cannot make an unconditional release order if the offender’s detention has been extended by an extension order. But the tribunal can recommend that the Supreme Court change or cancel that order.

Reasons for decisions

All orders must be in writing and must include the reasons for the order or direction.

The tribunal will give its reasons to the offender and the offender’s treating team.

If the tribunal considers an application for leave or release, and you are on the Specialist Victims Register, it will give you a document called ‘Victim’s Reasons’. This document will include:

• a summary of why the tribunal made its decision
• the orders made
• when the next review is due.

Last updated: May 2026