Release Considerations

When making a recommendation to the Attorney General to advise the Governor for the release of a mentally impaired accused, the Board is to have regard for the following factors as outlined in section 33(5) of the Criminal Law (Mentally Impaired Accused) Act 1996 (WA) (the Act):

1. the degree of risk that the release of the accused appears to present to the personal safety of people in the community or of any individual in the community;
2. the likelihood that, if released on conditions, the accused would comply with the conditions;
3. the extent to which the accused’s mental impairment, if any, might benefit from treatment, training or any other measure;
4. the likelihood that, if released, the accused would be able to take care of his or her day to day needs, obtain any appropriate treatment and resist serious exploitation;
5. the objective of imposing the least restriction of the freedom of choice and movement of the accused that is consistent with the need to protect the health or safety of the accused or any other person;
6. any statement received from a victim of the alleged offence in respect of which the accused is in custody.

Last updated: 2-May-2023

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