Hi all,
I'm just after some explanation on the process of Criminal Law and The Mental Health Act.
I reported my partner (at the time, now ex-partner) for possession of child pornography. I am a witness for the police. The police immediately seized all his devices with my permission. When he found out, he checked himself into the local psych ward. He was there for a few months. When he was discharged from hospital he was charged and arrested with 2 counts of child pornogrpahy. He did not enter a plea and has had the case held over until March next year under The Mental Health Act.
The police officer in charge of the case tells me he is seeking a defence under the Mental Health Act. He also said in March, they will present their case to the magistrate for the mental health defence and if successful he will have no consequences. Police officers agrees with me that it is all very convenient. I believe he may truly be mental ill at the moment or perhaps not, it's impossible to know. To point out the obvious he was just fine until he was busted. A few years prior to all of this he had been off work due to depression, that is the only history of mental illness I am aware of.
I'm just wondering what people in the know think about this? I'm worried if he gets off, there is nothing to stop him doing it again or even doing worse. How does the system protect the public in these situations?
Also am I right in assuming there could be two separate issues here? One being defence of the actual crime and then also not being fit to participate in the court process, entering a plea etc?
Thanks in advance.
I'm just after some explanation on the process of Criminal Law and The Mental Health Act.
I reported my partner (at the time, now ex-partner) for possession of child pornography. I am a witness for the police. The police immediately seized all his devices with my permission. When he found out, he checked himself into the local psych ward. He was there for a few months. When he was discharged from hospital he was charged and arrested with 2 counts of child pornogrpahy. He did not enter a plea and has had the case held over until March next year under The Mental Health Act.
The police officer in charge of the case tells me he is seeking a defence under the Mental Health Act. He also said in March, they will present their case to the magistrate for the mental health defence and if successful he will have no consequences. Police officers agrees with me that it is all very convenient. I believe he may truly be mental ill at the moment or perhaps not, it's impossible to know. To point out the obvious he was just fine until he was busted. A few years prior to all of this he had been off work due to depression, that is the only history of mental illness I am aware of.
I'm just wondering what people in the know think about this? I'm worried if he gets off, there is nothing to stop him doing it again or even doing worse. How does the system protect the public in these situations?
Also am I right in assuming there could be two separate issues here? One being defence of the actual crime and then also not being fit to participate in the court process, entering a plea etc?
Thanks in advance.