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Research resoundingly confirms that the incarceration of a parent has devastating effects on children. Children of inmate parents are considered to be six times more likely to become involved in the adult criminal justice system, compared to other children. Typically, men who are incarcerated have had marginalised upbringing themselves and lacked good parental role models. As such, their ability to parent their own children later in life in a positive way is severely limited. Parenting programs in prison are gaining increasing popularity as a means for addressing this social problem, in the hope of reducing intergenerational offending. This article provides a thorough review of the available literature on paternal incarceration and also sets out the range of factors that contribute to the success of a prison-based parenting program. [ABSTRACT FROM PUBLISHER]

Dr Proeve's paper draws upon empirical research and conceptual reasoning to provide the basis for a pragmatic consideration of remorse by both mental health experts and by the courts. The needs of the law pose certain questions that mental health experts may seek to answer; conversely, mental health professionals provide answers that may shape and at times constrain jurisprudence. Since its inception in 1978, ANZAPPL has sought to foster dialogue between legal professionals and mental health professionals. [Extracted from the article]

Under the Victorian 2014 Mental Health Act (MHA14), Victorians have a right to advance statements. While there have been initiatives to support uptake, under 3% of consumers have done so. In March 2021, the Royal Commission into Victoria's Mental Health System (the Commission) released its report, including a call to repeal MHA14 and enact a new Act no later than mid-2022. In this paper, we discuss the role of advance planning documentation and instruments used in Australian legislation. Drawing on the Commission's recommendations, models of advance planning in Australia and the Victorian legislative context, this paper proposes a model of both binding and non-binding advance directives. This model would bring the rights of Victorian consumers into alignment with rights provided under the Medical Treatment, Planning and Decisions Act 2016 (Vic) and assist in bringing the new Act into compatibility with the Charter of Human Rights and Responsibilities Act 2006 (Vic). [ABSTRACT FROM AUTHOR]

Risk assessment tools used to assess justice-involved women have been predominantly developed using male offenders, with validations for females having mixed results. Female-specific risk assessment tools are not well established, and validations are limited. In terms of treatment, either programmes in various jurisdictions have been developed specifically for females, or addendums are available to assist in the facilitation of programmes initially developed for male offenders. The efficacy of these has been varied with gender-responsive programmes proving to be more successful in the reduction of reoffending if justice-involved women follow a gender-specific pathway to offending than if they follow a non-gender-specific pathway. This paper discusses gender differences in offending and provides an overview of assessment and treatment of justice-involved women in Australia, the UK, New Zealand and Canada. The assessment and treatment practices for justice-involved women are viewed through an evidence-based lens, and opportunities for future development are identified. [ABSTRACT FROM AUTHOR]

Research indicates that indirect exposure to trauma can have a detrimental psychological impact on professionals working within, and interfacing with, law enforcement and the criminal justice system. This systematic review aimed to explore the extent and predictors of work-related distress amongst community corrections personnel. A search of five databases identified 19 papers eligible for inclusion; 16 addressed burnout, and the remainder investigated secondary trauma, vicarious trauma and compassion fatigue. Synthesis revealed that community corrections personnel reported burnout at levels akin to those of other professions working in forensic contexts, though reports of secondary trauma appeared higher. Predictive factors encompassed personal, role-based and organisational factors. Research reporting work-related distress in correctional officers is focused on burnout but uses divergent models of stress, reveals methodological weaknesses, and to date has little examined responses to indirect trauma. The limitations of this review are discussed, alongside clinical implications and areas for future research. [ABSTRACT FROM AUTHOR]

The decision of the South African Constitutional Court in AK v. Minister of Police has implications for law enforcement agencies that fail the victims of crime. In this matter, the plaintiff sued the Minister and others for damages after officers had failed to rescue her from the perpetrator(s) of a protracted sexual assault and to conduct an adequate criminal investigation afterwards. The judgment deals with a noteworthy psycholegal issue, namely, whether the police are liable for any harm resulting from the plaintiff’s continued trauma exposure beyond the moment a competent search would have likely resulted in her rescue, when her trauma exposure was already prolonged. In this paper, we consider whether the interpretation of the expert evidence is consistent with the relevant research. Research suggests the psychological harm caused by police negligence may have been more than a matter of extended trauma exposure but also of supplemental trauma appraisals. [ABSTRACT FROM AUTHOR]

In this paper, we outline a new way of thinking about the purpose and practice of mediation. We propose that mentalizing-inspired mediation can be an effective tool for understanding the interpersonal conflict behaviours that often perpetuate disputes, inhibit their resolution, and promote the likelihood of new disputes emerging in the future. By adapting the theory of mentalizing and the mentalization-based treatment (MBT) model, we introduce a scientifically grounded approach, which we call MBT-M, to inform and elevate mediation education and practice. MBT-M offers a neat and modern reframe on the purpose and practice of mediation as a process that can assist parties to identify, and recover from, impaired mentalizing in order to understand, or ‘mentalize’, the conflict behaviours that are preventing the meaningful resolution of their dispute. Future work will outline how the MBT-M model can offer a robust, evidence-based platform from which to guide mediation interventions, research and scholarship. [ABSTRACT FROM AUTHOR]

Female offender risk assessment is predominantly based on criminogenic factors that predict reoffending in males. Research indicates there are criminogenic factors specific to female offenders, and certain factors linked to offending for both sexes have greater impact on female offenders. This paper extends current research using a Western Australian sample to determine whether findings are replicated with an Australian cohort. Gender differences in the criminogenic profile of 1704 violent offenders (9% female), assessed using the Level of Service/Risk, Need, Responsivity (LS/RNR) and Violence Risk Scale (VRS), were analysed using a matched sample study design. There were significant gender differences on all components of the LS/RNR, except criminal history. In the subsequent matched study, these differences varied, and females scored significantly lower on all VRS-SV items, except age. Gender differences in violence risk scores were clear, providing support for gender-responsive assessment and treatment of violent female offenders, with further validation needed. [ABSTRACT FROM AUTHOR]

For more than three decades there has been a growing interest, and concern, in the role that psychopathy plays in corporate affairs. The literature in this field is essentially interdisciplinary, drawing heavily on advances in neuroscience, behavioural and organisational psychology and criminology. In this paper, the authors open a line of enquiry on the role that law can play in the regulation, and remedies, available to deal with dysfunctional and psychopathic management. In this paper we argue that the impact of corporate psychopaths – particularly the sub-clinical types – is sometimes potentially devastating for the organisation, its mission, its employees and, where they exist, shareholders. In this article we outline the nature of corporate psychopathy and its impact on corporate entities and outline a range of potential legal remedies. [ABSTRACT FROM AUTHOR]

The minimum age of criminal responsibility in Australia is 10 years. The topic of raising the age of criminal responsibility remains a fraught and challenging field of both study and thought. Despite overwhelming evidence to support an increase in the minimum age of criminal responsibility, there remains a resolute opposition in the majority of States in Australia that this age should be raised. However, the grounds for reconsidering the current position are indeed compelling. This paper expounds the persuasive arguments for raising the minimum age of criminal responsibility by examining the current scientific evidence and opinion. Considerations are explored and the relevant literature examined using the author's framework that decisions should be just, scientific, not racist, humane, cost-effective and generally not ludicrous. Principles for an alternative approach to criminalisation and for managing the harmful behaviour of children are then offered. [ABSTRACT FROM AUTHOR]

Various activities are increasingly characterised as 'addictions', including within the law, and raise important questions. Do 'addicts' have agency? Do addictions shape social problems such as family and sexual violence? And how do those involved in legal systems perceive addictions? This paper explores these questions. Drawing on qualitative interviews with lawyers and decision makers (N = 48), it explores addiction in law. Lawyers and decision makers see themselves as playing important roles in making addiction and 'addicts'. Addiction is an effect principally of legal strategy, and other forces. Legal processes bring differing conceptions of agency and responsibility into being, problematising understandings of agency as an 'effect' of addiction, or as pre-existing legal processes. There are also important variations in approach regarding different addictions. Alcohol or other drug addiction is seen as 'genuine', and a major factor in family violence, while sex addiction lacks credibility. I explore some implications of these approaches. [ABSTRACT FROM AUTHOR]

Conventional thinking holds that most inmates who hunger strike do not desire to die. Rather, they want prison officials to concede to their demands. In this paper, I examine whether death by hunger strike can be classified as suicide. After reviewing definitions of suicide and suicidal intent, I conclude that some deaths by hunger strike can be readily classified as suicides. I further propose that conditional intention is a useful way to understand the complex motivations of hunger strikers. I close by discussing the implications of conditional intention for the assessment of suicidal intent among hunger strikers and for the duty of mental health providers to prevent suicide. [ABSTRACT FROM AUTHOR]

The treatment of vulnerable defendants by criminal justice systems or correctional systems varies within and between countries. The purpose of this paper is to examine three legal jurisdictions – New South Wales in Australia; Norway; England and Wales – to understand the extent of variation in practice within the court systems for defendants with intellectual disabilities (ID) and/or autism spectrum conditions (ASC). Two of the jurisdictions had a process for screening in place, either in police custody or at court, but this was not universally implemented across each jurisdiction. All three jurisdictions had a process for supporting vulnerable defendants through the legal system. Across the three jurisdictions, there was variation in disposal options from a mandatory care setting to hospital treatment to a custodial sentence for serious offences. This variation requires further international exploration to ensure the rights of defendants with ID or ASC are understood and safeguarded. [ABSTRACT FROM AUTHOR]

When children participate in online sexual behaviour, such as 'sexting', there can be a range of legal and social consequences. Criminal law in Australia does not consistently address sexting, which means that in some jurisdictions, children who participate in sexting can be liable for offences related to child sexual abuse material (CSAM). Children who are 16 or 17 years old have reached the age to consent to sexual activity, yet the law, in many jurisdictions, does not allow them to participate in sexting. This paper seeks to reconceptualise sexting among older children as a separate practice to possessing and/or distributing CSAM. It explores the socio-legal considerations which arise when older children possess and share intimate online material, including how the age of consent to sexual activity is relevant to their participation in sexting. [ABSTRACT FROM AUTHOR]

Medical and legal professionals are increasingly involved in probate disputes in which the validity of a will due to a lack of testamentary capacity in older adults is frequently challenged. The legal test for testamentary capacity under common-law jurisdiction was established in the famous case of Banks v Goodfellow (1870). The High Court of Hong Kong recently issued new practice guidance for legal professionals on the preparation of a will for older adults. This paper discusses the dilemmas and competing issues among different parties on this medicolegal interface based on recent literature and local examples. We recommend a risk-based pragmatic framework for legal and medical professionals to minimise potential disputes in testamentary capacity assessment. [ABSTRACT FROM AUTHOR]

This paper describes the role of family violence expert evidence and argues for the need for adequately trained and experienced specialists to provide that evidence within the criminal jurisdiction of the District Court and High Court in Aotearoa New Zealand. Court processes for the criminal jurisdiction were reviewed to consider the roles and the requirements of expert witnesses in cases of family violence. Given the lack of expert witness training in Aotearoa New Zealand, components of best practice in other jurisdictions, including examples of international expert witness skills and knowledge were sought. Unique skills and experience are necessary for an accurate description of a history of family violence. Experience working with survivors and offenders provides an understanding of the nature and dynamics of violence experienced within a relationship and allows experts to address myths and misconceptions, particularly in relation to the effective nature of the current family violence safety system. Without a contemporary, comprehensive understanding of family violence across police prosecution, judges and lawyers, expert evidence from trained and experienced specialists is required. To enhance the educative role of family violence expert evidence, such evidence should be called by the Court. [ABSTRACT FROM AUTHOR]

Young female offenders comprise approximately one fifth of the New Zealand youth offender population; however, they remain an understudied population of offenders. This paper aims to provide a current overview of the key characteristics of this population and recommendations for how the youth justice system could better cater to this population. These recommendations include more training of professionals (specifically judges, youth advocates and justice coordinators) and practitioners (specifically social workers, psychologists and youth workers) in the youth-justice system in matters specific to young female offenders. A gender-responsive and trauma-informed approach to addressing offending behaviour is also necessary. There is a need for new empirical research in the New Zealand context on young female offenders and the best way to address offending by this group. Finally, a focus on the diversity of young female offenders is a priority, given the over-representation of indigenous and ethnic-minority communities in justice jurisdictions worldwide. [ABSTRACT FROM AUTHOR]

In cases of repeated victimisation, a complainant's statement of abuse, and therefore memory, is often critical evidence for forensic investigations and legal proceedings. It is therefore important to understand the functioning of adults' memory for repeated events. As such, the purpose of this paper was to review the extant literature on adult memory for instances of a repeated event. The results of the review revealed a small number of heterogeneous studies on adult repeated-event memory (N = 12). The literature so far shows that while adults might have difficulty in recalling information specific to instances (narrow accuracy), they are capable of remembering information across multiple instances (broad accuracy). It was also found that several factors may impact recall of instances including age, the number of experienced instances, rehearsing an event, repeated retrieval and event distinctiveness. The discussion highlights the forensic implications of this research and future research directions. [ABSTRACT FROM AUTHOR]

Profiling aims to identify the major personality and behavioural characteristics of offenders from their interactions in the crime. The discipline has undergone numerous changes and advances since its first modern use by the psychological/psychiatric community. The current paper reviews the different approaches to criminal profiling, exploring the reasoning and justification utilised across profiling practices. Profiling aims to assist criminal investigators; however, the variance in profiling approaches has contributed to inconsistency across the field, bringing the utility of profiling into question. To address the current areas of practice deficit in criminal profiling, a framework is proposed to promote integrated practice. The CRIME approach provides a framework (consisting of crime scene evaluations, relevancy of research, investigative or clinical opinions, methods of investigation, and evaluation) to promote structure and uniformity in profile development, aiming to assist in the reliability of the practice by providing an integrative framework for developing profiles. [ABSTRACT FROM AUTHOR]

There is a developing body of research indicating that individual and population-based mental health is affected by a range of ‘social determinants’. Discrimination, poverty, inadequate access to housing and education as well as exposure to violence, conflict and disaster have all been associated with poor mental health and mental illness. International human rights treaties identify many of the social determinants of mental health as matters of human rights. However, limited attention has been paid to the connection between social determinants and the right to enjoyment of the highest attainable standard of mental health. This paper explores the potential for incorporating elements of both social determinants and human rights approaches to provide a new framework for mental health research, policy and practice. While acknowledging potential challenges, it identifies advantages to collaborating across disciplinary boundaries. The social determinants approach provides a foundation for understanding the interconnectedness of rights and draws attention to individual and collective needs, while a human rights approach can help identify the measures that are required to secure the social determinants of good mental health and wellbeing. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to systematically examine the research literature on the decision of expert interviewers within the theoretical framework of the Hierarchy of Expert Performance (HEP). After providing an overview of the HEP framework, existing research in the investigative interviewing at each of the eight levels of the HEP framework is reviewed. The results identify areas of strength in reliability between experts' observations (Level 2) and of weakness in reliability between experts' conclusions (Level 6). Biases in investigative interview experts' decision making is also revealed at biasability between expert conclusions (Level 8). Moreover, no published data are available in reliability within experts at the level of observations (Level 1) or conclusions (Level 5), biasability within or between expert observations (Level 3 and 4) and biasability within expert conclusions (Level 7). The findings highlight areas where future research and practical endeavour are much needed for the investigative interview. [ABSTRACT FROM AUTHOR]

A defendant's 'insanity' will not excuse his or her negligence. According to corrective justice theory, if A injures B, then A should compensate B - that A's actions may be attributable to a mental illness is therefore immaterial. Some tort scholars argue the law should excuse insane defendants from liability because they lack the mental capacity to commit negligence. 'Capacity' therefore lies at the core of the case for insanity defence. This article argues that 'capacity' fails as a framework concept for the insanity defence. It is poorly defined, fails to map onto the structural features of negligence and poses significant evidential challenges. It also has a spurious relationship with insanity. This paper prefers the status quo and concludes that the case for excusing the insane from negligence liability is conceptually flawed and normatively unconvincing. [ABSTRACT FROM AUTHOR]

In the investigation of a criminal event, the police may encounter witnesses or victims experiencing symptoms of being traumatized (e.g. anxiety, intrusive thoughts or avoidance of trauma-related stimuli). This may pose a challenge in investigative interviews where police interviewers aim to obtain reliable and detailed accounts. Based on previous theory and research, this theoretical paper aims to outline recommendations for police interviewers for approaching traumatized adult witnesses to facilitate communication, attend to the well-being of the individual and reach investigative aims. First, factors considered important for preparing for the interview and building rapport are presented. Then, different aspects of how to facilitate the interviewee's account will be described with an emphasis on how police interviewers can approach emotional reactions to maintain rapport. [ABSTRACT FROM AUTHOR]

Forensic psychologists' role is well established, and they are rightly well regulated because their decisions and behaviour can have a significant impact on people's rights and interests. Their ethical integrity, however, partly hinges on the psycholegal research products (data, methods and instruments) that they and others use. The ethical regulation of researchers who produce products and their research processes is, however, fragmented, limited and narrow and largely focuses on domestic research. Relatively few scholars have examined the regulation of psycholegal research or commented on the ethical implications of recent court decisions. The purpose of this paper is to start a debate about the ethical regulation of researchers in the psycholegal field and consider methods of improving it to maintain society's trust in the field. [ABSTRACT FROM AUTHOR]

The United Kingdom Government recently expressed concern about the financial repercussions that feigned whiplash claims following road traffic accidents (RTAs) are having on the insurance industry and the United Kingdom economy. Indeed, this is a problem that is a likely result of a significant percentage of otherwise law-abiding citizens, who interpret this behaviour to be victimless. Nevertheless, feigning illness for some external incentive is not new, and psychiatry has long battled with the problem of ‘malingering’. Previous research has indicated that a substantial prevalence of malingering exists across a variety of contexts; however, establishing the ground truth of those who malinger for financial compensation is problematic. This article presents an alternative approach that provides a brief insight into the problem of malingering following a RTA. A total of 197 United Kingdom residents completed a hypothetical questionnaire that examined their likelihood of malingering with respect to depression, posttraumatic stress disorder (PTSD), or whiplash following a RTA. The results suggest that a substantial percentage of those in the present sample indicated they would be likely to malinger using either a partial malingering or a false imputation strategy. Malingering following a RTA in the United Kingdom appears to be regarded with little severity, and the present paper discusses the wider implications of the findings. [ABSTRACT FROM PUBLISHER]

In Australia, the legal basis for the detention and restraint of people with intellectual impairment is ad hoc and unclear. There is no comprehensive legal framework that authorises and regulates the detention of, for example, older people with dementia in locked wards or in residential aged care, people with disability in residential services or people with acquired brain injury in hospital and rehabilitation services. This paper focuses on whether the common law doctrine of necessity (or its statutory equivalents) should have a role in permitting the detention and restraint of people with disabilities. Traditionally, the defence of necessity has been recognised as an excuse, where the defendant, faced by a situation of imminent peril, is excused from the criminal or civil liability because of the extraordinary circumstances they find themselves in. In the United Kingdom, however,in In re F (Mental Patient: Sterilisation)andR v Bournewood Community and Mental Health NHS Trust, ex parte L, the House of Lords broadened the defence so that it operated as a justification for treatment, detention and restraint outside of the emergency context. This paper outlines the distinction between necessity as an excuse and as a defence, and identifies a number of concerns with the latter formulation: problems of democracy, integrity, obedience, objectivity and safeguards. Australian courts are urged to reject the United Kingdom approach and retain an excuse-based defence, as the risks of permitting the essentially utilitarian model of necessity as a justification are too great. [ABSTRACT FROM PUBLISHER]

Since at least 1970, one of the constraints upon compensability for pure mental harm at common law has been that a plaintiff must have suffered not just adverse psychological consequences from negligence but a ‘recognisable psychiatric illness’. In a powerful unanimous decision, the Supreme Court of Canada in Saadati v Moorhead [2017] 1 SCR 543 has controversially removed this requirement. This paper reviews the reasoning in the decision and considers its ramifications, concluding that while it is likely to extend the liability of defendants, this will occur only in a small cross-section of cases where a plaintiff exhibits significant symptomatology of a mental disorder albeit falling short of sufficient for an unequivocal diagnosis within the meaning DSM-5 or ICD-10. It notes that in the post-Ipp reforms in Australia, a ‘recognised psychiatric illness’ has been statutorily enshrined as a prerequisite to recovery by plaintiffs, so statutory law reform would be required to implement the Saadati decision. While it welcomes the contribution of the Saadati approach to reducing the law’s discrimination against mental (as opposed to physical) injuries, it calls for close scrutiny of the actual effects of the Saadati decision. [ABSTRACT FROM AUTHOR]

This paper reviews the circumstances under which Josep Nahak was found unfit to stand trial for offences with which he was charged during the lead-up to East Timor becoming an independent nation. The accused man was scheduled to be tried for war crimes by the East Timor Dili District Court within which special panels were established to deal with such matters. The paper discusses the expert evidence which was presented in the case and the considerations that led to Judge Rapoza's decision that the accused man was unfit to be tried. It also reflects upon the cultural issues which arise when assessors are imported to another country to undertake such evaluations, and it considers the options for “special hearings” when determinations of unfitness are made, especially in a situation where treatment options that might render the accused fit to stand trial cannot be pursued effectively. [ABSTRACT FROM PUBLISHER]

The effectiveness of Mental Health Review Tribunals in providing safeguards for patients to ensure their right to be free from unjustified detention or treatment has been subject to much criticism in the literature. This article systematically reviews studies on the decision-making of such tribunals in order to synthesize the literature thematically and subject it to an assessment of methodological rigour [Hawker, S., Payne, S., Kerr, C., Hardey, M., & Powell, J. (2002). Appraising the evidence: reviewing disparate data systematically.Qualitative Health Research, 12(9), 1284]. Of the 7,845 citations initially identified, 50 papers met the inclusion criteria. Although most studies were found to have “satisfactory” methodological rigour, our assessment revealed some issues related to ethics and bias, sampling procedures, and data collection and analysis processes. Eleven prevailing themes were identified that largely relate to the shortfalls of current tribunal systems. Suggested areas for practical improvement and further research were also given. The article concludes by suggesting how future studies could be developed to cover areas in need of further research and with greater methodological rigour. [ABSTRACT FROM PUBLISHER]

Report writing remains a core competency of forensic psychologists. The overarching purpose of a forensic psychological report is to apply psychological knowledge and understanding to address a legal question. However, a number of common deficiencies are apparent with regards to forensic psychology reports. This paper does three things. First, it explores the nature of forensic report writing and how it is distinct from clinical report writing; second, it highlights frequently occurring problems associated with forensic reports; and third, it offers a suggestion for reducing problems through the use of a checklist. Checklists have the capacity to reduce errors in a wide range of complex tasks. In the forensic context, checklists can function not as comprehensive ‘how to’ guides, but as quick and simple tools aimed to reinforce the skills of the expert professionals. A checklist documenting key considerations of forensic psychologists with regards to report writing is provided. [ABSTRACT FROM AUTHOR]

Forensic professionals and courts have frequently expressed concern about the susceptibility of contemporary risk assessment tools to cultural bias. Furthermore, progress in the development of valid methods of assessment for offenders who identify from Aboriginal and Torres Strait Islander cultural backgrounds has been slow. This paper considers how cultural perspectives on risk are essential to the development of assessment methods that have greater validity and acceptance by both courts and the community. This will involve considering the social, cultural and political determinants of risk in each cultural group and the identification of those risk factors that are most relevant to forensic decision-making. [ABSTRACT FROM AUTHOR]

This article reports on the findings from a qualitative study involving 65 women who have engaged with the legal system after experiencing domestic and family violence. The interviewees report on the increased levels of stress and trauma they experience as a result of impending court appearances, in preparation for cross-examination and in negotiating court orders and on the actions they take to address this stress. While many reported that they sought help from mental health practitioners, some women reported choosing not to seek medical assistance for, and hiding, mental health concerns and self-medicating in an effort to avoid negative court outcomes. In light of the women's experiences, this paper considers policy implications and practical considerations for legal practitioners and judicial officers involved in cases involving domestic and family violence. [ABSTRACT FROM AUTHOR]

The contemporary juvenile justice system faces the challenge of balancing rehabilitation for developing adolescents, as well as providing deterrence and ensuring public safety in the face of crimes committed by young people. However, there are provisions for the older adolescent offenders to be prosecuted in the adult court, as well as those adolescents who commit serious offences. Some scholars are concerned that these transfers to adult courts do not adequately consider the developmental needs of the adolescent offenders, hence depriving them of the protective mechanisms and rehabilitative possibilities provided by the juvenile justice system. This paper will examine whether the relevant Victorian legislation and legal practices are consistent with the available science; in particular, the paper will consider the assumptions that sentencing laws make about adolescent offenders in the context of the existing literature on adolescent development and treatment amenability. In line with the empirical evidence, changes are suggested to current practices for juvenile transfer cases, and further collaborations between legal, research, and mental health agencies are clearly needed to enhance the state of science and practice in this area. The implications of these suggestions and the roles of the mental health professionals are also discussed. [ABSTRACT FROM PUBLISHER]

The purpose of this paper is to provide some guidance to police interviewers and trainers in relation to improving the legal aspects of police questioning of suspects. The paper is written with reference to Victorian legislation. Sixteen professionals (defence barristers, academics, prosecutors, and detectives), all with extensive knowledge of the law and experience evaluating police interviews with suspects, took part in individual in-depth interviews (M = 100 minutes). The aim of the interviews was to discuss the limitations of police interviews with suspects and to provide exemplars of concerns from a set of de-identified transcripts that had been provided to the professionals prior to their interviews with us. Overall, four key limitations were raised: (a) inadequate particularisation of offences, (b) inappropriate phrasing of questions, (c) poor introduction of allegations, and (d) questions that unfairly ask the suspect to comment on the victim's perspective. These concerns and their practical implications are discussed. [ABSTRACT FROM PUBLISHER]

The current paper provides a review of the literature on juvenile fire-setting, focusing on psychological contributions to the assessment and treatment of this population. The paper discusses research on the actions associated with deliberately lit fires by juveniles, as well as the psychological characteristics of the perpetrators. International perspectives on intervention are reviewed, and in conclusion the paper highlights the need to develop standardised protocols for intervention, which include a systematic assessment strategy for identifying high risk individuals, as well as a structured evidence-based approach to treatment incorporating psychological and fire-educational components. [ABSTRACT FROM AUTHOR]

This article deals with violence against women in an overview discussion. It first reflects on the devastating legacy of gender violence, with examples from across the world. It goes on to discuss the transformations that began to develop in both service provision and in attention to, and public attitudes about, the issue in various countries, from the 1970s onwards. There have been (a) transforming services, (b) transforming people and (c) transforming research. Illustrations are provided from the United Kingdom with additional material from Australia and New Zealand. The paper celebrates both the achievements of activism and service provisions over the past 30 years on gender violence, and also the first 20 years of specialized violence against women research, during which time it has moved from the margins to - almost - the mainstream. [ABSTRACT FROM AUTHOR]

The Mental Health Act 2007 (UK) (MHA 2007) received Royal Assent in July 2007 and has now reached the statute books after 8 years of controversy and debate. The MHA 2007 makes amendments to several pieces of existing legislation, but the main changes it makes are to the Mental Health Act 1983 (MHA 1983) and the introduction of “Deprivation of liberty safeguards” into the Mental Capacity Act 2005 (UK). Much of the concern about more patients being subject to detention is a perception of the new legislation, tempered by the antecedents to the MHA 2007 (which included an expert report, a Green paper, a White Paper and two draft Bills') as well as Government propaganda. The purpose of the present article was to highlight how the Government's approach and propaganda has fuelled these concerns, to scrutinize the amendments contained in the MHA 2007, and to consider whether these may result in more patients being subject to compulsion. [ABSTRACT FROM AUTHOR]

The Queensland Mental Health Review Tribunal which came into operation on 28 February 2002 has a critical role in giving effect to the underlying thrust of the Mental Health Act 2000 (Qld), which has a focus on access to justice. This role has involved recognition of all stakeholders, inclusiveness in tribunal processes, ensuring that tribunal procedures are informal, meaningful participation by patients in tribunal hearings, and appropriate access to material by parties. Meeting the demands of the role, and maintaining a consistency of service, presents challenges for the tribunal. Some of these derive from the need to change some well-established localised cultures. Others derive from the need to develop a strong unified organisational culture with respect for a set of shared values. The tribunal's special role in relation to forensic matters adds an interesting element to its activities. The Act requires the application of newly formulated tests in determining some of the forensic issues. The impact of the new provisions in that regard is still evolving. Equally, the effectiveness of interaction of the Queensland legislation with that of other jurisdictions is also being put to the test. This paper addresses the way in which some of these challenges are being met at this early stage of the new system, and identifies perhaps more challenges for the future. [ABSTRACT FROM PUBLISHER]

Legal representatives engage psychologists to provide expert witness opinions about a number of factors, including the psychological factors that may have contributed to the perpetrator's behaviour and the likelihood of reoffending. Although this evidence can affect the outcome of proceedings, little is known about how the experts who provide it are chosen or about the quality of their services. This paper explored legal representatives’ reasons for engaging psychologists as expert witnesses, how they choose these experts, and their opinions about the expertise provided. Questions were also asked about the features of good and poor written and oral expert testimony. The results show that the majority of legal representatives engage psychologists who are usually chosen through referrals from colleagues and others. The legal representatives in the present sample had little awareness about the different backgrounds of experts (e.g. clinical vs forensic psychology). These results have implications for psychologists who provide expert evidence and the legal representatives who engage them. [ABSTRACT FROM PUBLISHER]

This paper investigates which factors inherent to the various forms of psychotherapy are conducive to success and which are not. Particular emphasis is placed on the role of communication between the therapist and the patient, with specific regard to the outcome of treatment. The habitual practices and main problems facing healthcare professionals with regard to information and consent to psychotherapy are analysed in the context of the results of some recent studies of outcomes and processes which support the notion that the factors most frequently associated with successful psychotherapy are cooperation, proper information and a shared commitment to achieving the objectives of treatment. [ABSTRACT FROM PUBLISHER]

There is an extensive jurisprudence on fitness to stand trial and a substantial clinical literature on Huntington's disease. However, few commentators have given consideration to the circumstances in which the symptomatology of Huntington's disease may result in an accused person being determined unfit to participate in the criminal process. This paper scrutinises the reasoning of the Western Australian Supreme Court inState of Western Australia v Lowick[2016] WASC 339 where such a determination was made and reflects upon the potential for those with Huntington's disease to satisfy the criteria for unfitness, as well as the difficulties which arise in relation to the humane disposition of such persons subsequent to a finding of unfitness. It argues for reform to the law so that such persons can be detained subject to conditions set by a criminal court judge. [ABSTRACT FROM PUBLISHER]

For the past 40 years, lie detection has predominantly been studied in the context of police-suspect and investigative interviews. In their paper, Leach et al. (2016) examined whether niqabs or hijabs interfere with the trial judges’ ability to detect deception and concluded that veiling enhanced trial judges’ ability to make accurate veracity judgments. In this comment, we argue that the conclusions made by Leach et al. are based upon an inaccurate experimental court paradigm and suffer from methodological and analytical issues. It is our opinion that the applicability of their research findings to real-life court proceedings alongside potential changes to court practices and policies based on Leach et al. should be regarded as naïve and misinformed. [ABSTRACT FROM PUBLISHER]

The criminal justice system in Australia is increasingly being required to deal with offenders exhibiting the symptomatology of Foetal Alcohol Spectrum Disorder (FASD). Disproportionately they are indigenous. Diagnosis of the disorder is challenging and too frequently still not being made accurately. More challenging still is responding to it in the forensic system so that options for provision of suitable support are availed of, and thereby the risk of ongoing offending which puts the community at risk is minimised. This paper reviews the creative and compassionate judgment of the Western Australian Court of Appeal inChurnside v The State of Western Australia[2016] WASCA 146. It argues that the decision constitutes a model for the efforts that can and should be made by sentencing judges and magistrates required to deal with recidivist offenders with FASD. [ABSTRACT FROM AUTHOR]

The post-release period is associated with a range of adverse outcomes for prisoners, especially those with a mental illness. There is limited research into programmes developed to address the needs of this population upon release from custody. This paper describes the demographic, mental health and criminal justice characteristics of a cohort of 63 mentally ill prisoners referred to the Queensland Prison Mental Health Transition Coordination Program in 2010 and 2011, who received time-limited transitional support. Established criminological predictors such as age and substance abuse history were related to first re-incarceration. When a multi-event analysis was performed, a broader range of factors were associated with the time before re-incarceration, including duration of social and recovery support and a diagnosis of psychosis. This study found that among those receiving post-release social and recovery support, longer duration of support is associated with a lower risk of re-incarceration. Other findings of interest include the significant proportion of re-incarcerations for parole breaches. No deaths occurred during the follow-up period. [ABSTRACT FROM PUBLISHER]

Due to the increase of awareness and diagnosis of pervasive developmental disorders (PDD), research has also increased regarding those with such disorders and their course in society. Eyewitness testimony is an area of research that has escalated in the recent years regarding the average person as well as PDD individuals. This paper addresses the issue of eyewitnesses with PDD. [ABSTRACT FROM PUBLISHER]

This paper describes the ethical and professional challenges encountered by two experienced forensic clinical psychologists in the course of their daily work. Five examples are chosen from a typical working week which illustrate and explain a particular professional dilemma and the forensic or organisational context The paper concludes that professional guidance from the British and Australian Psychological Societies and the legal framework and organisation of services to very damaged mentally abnormal offenders are inadequate and often unsupportive of psychological intervention, It also suggests that preparation to deal with these typical problems should be addressed in continued professional training. [ABSTRACT FROM PUBLISHER]

Because of perceived disadvantages of multiple interviews, it has been proposed that the evidence‐in‐chief of child witnesses be given via a videotape made at their first and only interview. However, the child may still be required to face cross‐examination in court having presented their evidence on only one previous occasion. These changes overlook the potential benefits multiple interviews can have on memory for events, particularly given the delays faced by most courts. This paper deals with memory researth which is relevant to this debate, with a particular focus on the phenomenon of reminiscence (remembering previously unrecallable information). The implications of this research forgathering and presenting evidence are discussed. [ABSTRACT FROM PUBLISHER]

This paper uses the New South Wales experience with methadone maintenance treatment in prison to address the question: should methadone maintenance treatment be provided in Australian prisons for opioid‐dependent prisoners? First, it outlines three rationales for providing drug dependence treatment in prisons: as a way of giving prisoners access to community‐based forms of drug treatment in the prison‐setting; as a measure to reduce recidivism in opioid‐dependent prisoners; and as a measure to prevent the transmission of HIV and other infectious diseases within prisons, and to the sexual partners of prisoners on their release. Second, it reviews the kind of research evidence that supports the effectiveness of community‐based methadone maintenance treatment in Australia. Third, the effectiveness of the New South Wales Prison Methadone Program, one of the few prison‐based methadone programs in the world, is evaluated in the light of the available research evidence. [ABSTRACT FROM PUBLISHER]

This review systematically examines the literature exploring comprehension of a verbally presented police caution and the suggested factors influencing this, amongst adults within the criminal justice system. An electronic literature search returned 438 titles, with screening leaving 13 articles considered appropriate for the review question. The majority of these were USA studies, with two UK and two Canadian studies. Heterogeneous study methodologies permit only a narrative approach to pooling the data. Findings indicate that a considerable proportion of this population have difficulty fully understanding the caution. Higher IQs and verbal comprehension are positively associated with performance. The studies also indicate that some factors that may appear intuitively related to comprehension, such as prior caution exposure, education, age and mental health, may not be linked to performance. The literature generally used broad inclusion criteria, which increased potential for confounders and reduced opportunity to draw out probable predictors. [ABSTRACT FROM AUTHOR]

There is a lack of appropriate services to manage youth with comorbid mental health problems and violence risks. To address this gap, we implemented a forensic satellite clinic in a youth mental health service. This paper characterises offending histories among 45 young patients referred to the clinic, and compares them with matched clinical controls (n = 45). Levels of prior risk taking and aggression were prominent among referred patients. Forensic cases and controls did not differ on demographic and clinical variables, with the exception of psychiatric inpatient admissions, which were higher among referred patients. Group differences were observed for prior offending variables (e.g., physical aggression), which were significantly higher among referred patients than controls. Findings suggest that referrals were made to the clinic based on challenging and aggressive behaviour rather than specific clinical characteristics. The role of specialist assessment, treatment and management of violence risks in youth mental health services are discussed. [ABSTRACT FROM AUTHOR]