Friday, 28 November 2025
Chair
Ian Lloyd KC, Trust Chambers
Description
Attend and earn 0.5 CPD unit in Substantive Law
This program is based on NSW legislation
The Review of Forensic Patients with a Mental Health or Cognitive Impairment by the Mental Health Review Tribunal: Consequences on Release, Risk, Reoffending and Community Safety
Delve into the practical considerations and complexities surrounding individuals who are found not criminally responsible because of a mental health impairment or cognitive impairment and the implications for treatment within prisons.
Explore the legal and ethical issues arising from the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (MHCIFPA) and the potential for patients to be detained indefinitely including discussion of conditional and unconditional release. Delve into the broader issues related to protecting the offender’s liberty under the law and the ‘unacceptable risk’ the offender may pose to the community, if released.
- The District or Supreme Court deliver a verdict of act proven but not criminally responsible due to reasons of mental health impairment or cognitive impairment of an accused, or who are unfit to be tried for an offence
- Once the outcome is determined, the review process of mentally ill accused is placed under the supervision of the Mental Health Review Tribunal (MHRT)
- The MHRT reviews patients, allow conditional and unconditional release including the power to make a Forensic Community Treatment order
- Release, reoffending, community safety
- The Mental Health Advocacy Service, an arm of Legal Aid allows trained lawyers in forensics, either in house or panel lawyers, to represent the interest of the patient before the tribunal Least restrictive principles are observed
Presented by Dr Yega Muthu, Principal Lawyer, YM Lawyers, Adjunct Associate Professor, Australian Catholic University
Presenters
Ian Lloyd KC, Trust ChambersIan Lloyd KC was called to the NSW Bar in 1977. He took silk in 1989. He is also a member of the bar in Hong Kong, New York and England & Wales. Mr Lloyd is one of Sydney’s leading criminal law silks. Mr Lloyd was during the 1980s a Senior Crown Counsel with the Hong Kong Government and in the early 1990s the Senior Crown Prosecutor for NSW. Mr Lloyd is also a former Justice of the Court of Appeal of the Fiji Islands and Conjoint Associate Professor with the University of Newcastle Law School. He has previously lectured in law at the University of Technology, the Chinese University of Hong Kong and the University of Notre Dame, Sydney.
Dr Yega Muthu, Principal Lawyer, YM Lawyers
Drawing on his experience from both academia and professional practice, Dr Yega Muthu established YM Lawyers to provide a service to clients built on insight and excellence. From years of experience, Yega has specialised in mental health law, guardianship,criminal law, human rights, succession and personal injury. In view of his mental health practice, he views his role in protecting vulnerable people in the community from exploitation. Subsequently, recognising his aptitude Yega was granted the judicial position as the ‘Lawyer’ member of the Mental Health Review Tribunal from 2008-2012. Yega also obtained his PhD in law focusing on psychiatry from Macquarie University. Yega maintains his role as a solicitor in practice including teaching Mental Health Law at the Australian Catholic University, where he is an Adjunct Associate Professor.
