NSW: Mentally ill prisoners disadvantaged: report

AAP General News (Australia)
12-29-2006
NSW: Mentally ill prisoners disadvantaged: report

SYDNEY, Dec 29 AAP - Mentally ill prisoners in NSW serve longer jail terms and are
disadvantaged compared to other inmates, a new report says.

Report author Greg James, QC, says sentences handed to mentally ill people did not
specify a non-parole period, and the health minister did not have to give a reason for
exercising his discretion recommending their continued detention.

"Even if (psychiatric patients) are to be considered quasi-criminals they should not
be subject to more punitive arrangements than convicted offenders," Mr James said in his
report, excerpts of which were published in The Sydney Morning Herald today.

Mr James is examining whether the minister should continue to have the final say over
the release of mentally ill inmates, or whether the power should be handed to a court
or tribunal to decide.

Political considerations could currently influence such decisions, which should only
take into consideration treatment and safety issues, Mr James said.

The present system could also be in breach of international human rights obligations
requiring prompt access to a court ruling for people arrested or detained, he said.

The review will accept public submissions until March 31 next year.

AAP ajc/it

KEYWORD: MENTAL

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