The Repeal of the Existing Criminal Law (Mentally Impaired Accused) Act 1996

Friday, 16 June 2023

Attend and earn 1 CPD hour in Substantive Law
This program is based on WA legislation

* This is an interactive recording so that you can claim uncapped annual points from this type of activity
*Original Content was created in 2023


David Bodeker, Barrister, Equus Chambers

The Repeal of the Existing Criminal Law (Mentally Impaired Accused) Act 1996


  • A special proceeding to test the evidence against an accused person who has been found unfit to stand trial to decide the charge against the accused on the available evidence
  • A new Mental Impairment Review Tribunal responsible for the day-to-day administration and management of custody, leave of absence and community supervision orders
  • Extensive procedural fairness provisions which have been built into the Bill

Presented by Luke Cassidy, Senior Lawyer, RUAH Mental Health Law Centre


Luke Cassidy, Senior Lawyer, RUAH Mental Health Law Centre
Luke graduated with a Bachelor of Laws from Edith Cowan University in 2015 and received a Master’s in Laws from Trinity College Dublin in 2016. He was admitted as a lawyer in December 2017 and worked for the Mental Health Law Centre for 4 years. After a brief period working in Native Title, Luke returned to the Mental Health Law Centre as a Senior Lawyer in July 2022. He has considerable experience acting for clients diagnosed with mental illness in a broad range of criminal matters as well as before the Mental Health Tribunal, State Administrative Tribunal and Mentally Impaired Accused Review Board. Luke was the joint-recipient of The Criminal Lawyers’ Association’s Hodge Award in 2020. He remains passionate about advocating for disadvantaged clients whether that be in Court or through law reform efforts. Luke has been involved in the Mental Health Law Centre’s advocacy for reform of the Mental Health Act and the Criminal Law (Mentally Impaired Accused) Act.

David Bodeker, Barrister, Equus Chambers
Before Law, David was a journalist, completing a cadetship and working at The West Australian for five years as reporter and columnist. As a courts reporter, he became captivated by the jab, parry and uppercut of criminal advocacy and decided to leave journalism and study law. David worked for 14 years at Legal Aid WA exclusively in criminal law. He developed a keen interest in the intersection of mental impairment and criminal culpability, worked in policy/management and senior lawyer positions, and lived and worked for LAWA in the Pilbara and Kimberley regions. He still thrives on regional work and heads north for work or play whenever he can. In 2009 David established his own practice, David Bodeker Barrister & Solicitor, to focus on his first love: persuasive criminal advocacy, as both prosecuting and defence counsel. He has also enjoyed his quickly growing body of violence restraining order work, and working within the complicated and fast-changing area of family violence laws. David loves his work. His move to the private bar in 2022 was a natural progression in refining his advocacy skills and bringing his passion for criminal advocacy to new clients and broader arenas.


The Repeal of the Existing Criminal Law (Mentally Impaired Accused) Act 1996


Single Session
CPD Points 1
On Demand 20240722 20230616

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