A finding of "conduct proved, but not criminally responsible" due to mental incompetence replaces it
The SA Attorney-General’s Department said that reforms removing the term “not guilty due to mental incompetence” from mental competency verdicts have now passed State Parliament.
The government will replace that verdict term with a finding of “conduct proved, but not criminally responsible” due to mental incompetence, the AGD said in a news release. With this change, the government seeks to validate victims, to put them first, and to better encapsulate their experience as well as the findings of the court.
“We feel that these changes better reflect both the serious impact of their actions, the consequences for victims and the nature of the finding against the accused,” said SA attorney general Kyam Maher in a government news release.
The AGD shared that victim advocates have expressed their concerns that using the term “not guilty” in mental competency verdicts can be inappropriate because the term can cause distress and confusion within the community and can fall short of fully covering the court’s findings.
“If someone is seriously killed or injured by a person who is found to have been mentally incompetent to commit the offence, it’s easy to understand why the use of the words ‘not guilty’ can be so distressing to the victim or their loved ones,” Maher said. “Those words of ‘not guilty’ carry a certain meaning and, in the broader community, could be easily misunderstood.”
The AGD said that the government met with the past and current commissioners for victims’ rights and with victims who pushed for the change in terminology.
“This change would not have occurred without the advocacy and bravery of both Chris Smith and Susan Scardigno, along with the tireless work of the former Commissioner for Victims’ Rights, Bronwyn Killmier, and her successor Sarah Quick, who have advocated for this important reform to our laws,” Maher said.
The AGD said that the government has plans to work with the Courts Administration Authority and police so that the change can swiftly take effect.
