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Forensic Leave Panel Annual Report 2013

To receive this document in an accessible format phone 1800 222 987 or email: flp@health.vic.gov.au

Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.

© State of Victoria, August, 2014

Creative Commons Attribution 3.0 licence (creativecommons.org/licenses/by/3.0/au) Except where otherwise indicated, the images in this publication show models and illustrative settings only, and do not necessarily depict actual services, facilities or recipients of services.

Printed by Digital House, South Melbourne (1407020)

Forensic Leave PanelAnnual report 2013

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5 August 2014

The Honourable Robert Clark MP Attorney-General Level 26, 121 Exhibition Street Melbourne VIC 3000

Dear Attorney-General

In accordance with Section 63 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (‘the Act’), I have pleasure in submitting the annual report on the operations of the Forensic Leave Panel for the year ending 31 December 2013 for tabling in parliament.

A copy of this report has also been provided to the Minister for Mental Health, the Hon Mary Wooldridge MP, who is also responsible in part for the operation of the Act.

Yours sincerely

The Honourable Justice Katharine Williams President Forensic Leave Panel

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I am pleased to present the 2013 annual report of the Forensic Leave Panel (‘the panel’).

The panel was established under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. Under Section 60(a) of the Act, its specified function is to hear applications for on-ground and limited off-ground leave of absence by forensic patients and forensic residents.

The panel is required by the Act to make an annual report as to the number and type of leave applications, their outcome and any suspensions of leave. The report’s purpose is to inform parliament and the community about the panel’s work during the calendar year. Historical statistical data for the preceding years from 2003 to 2012 is also provided in this 2013 report.

This report shows, amongst other things, that during 2013 the panel conducted 24 hearings (six for forensic residents and 18 for forensic patients) and dealt with 216 applications for on-ground and limited off-ground leave from forensic patients and residents. Those 216 applications contained 1023 requests for distinct leave purposes for a range of activities. This represented a 12 per cent increase from the 913 requests made in 2012.

The increase in both leave applications and requests for distinct leave purposes is attributable to a rise in the number of forensic patients and residents, from 71 in 2012 to 78 in 2013, combined with a small increase in the average number of applications per patient or resident, from 2.5 in 2012 to 2.8 in 2013.

In 2013 the panel granted 92 per cent of the requests it considered, which compares with 91.4 per cent granted in 2012. It refused 7 per cent; whereas in 2012 it refused 7.8 per cent. The data contained in this report show that the rates of grant and refusal of applications have been fairly constant from 2003 (see Appendix C: Historical data).

President’s report

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AcknowledgementsFor the panel to be properly constituted under the Act, a multidisciplinary group of members is required for each hearing. I gratefully acknowledge the readiness of panel members to attend hearings at the Fairfield venues, despite their busy professional schedules. A judicial chair from either the Supreme Court or the County Court is required for each hearing. I thank the judicial members for making themselves available to chair panel hearings and their ongoing commitment to the goals enshrined in the Act.

I would also like to acknowledge the work of the late Dr Bill Glaser, who died on 18 July 2013. Dr Glaser served on the panel as a psychiatrist member from 1998 to 2009 and from 2010 to 2013. Dr Glaser’s compassion, wise counsel and clinical expertise were highly valued by his fellow members.

Finally, I wish to thank the clinical and administrative staff of both Forensicare and the Disability Forensic Assessment and Treatment Service at the Victorian Department of Human Services and the panel’s Executive Officer, Mr Stephen Benjamin of the Victorian Department of Health, for their assistance to panel members.

The Honourable Justice Katharine Williams President Forensic Leave Panel

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President’s report v

Acknowledgements vi

Definitions viii

The Forensic Leave Panel 1

Who we are 1

What we do 1

How we do it 1

Our people 2

Membership 2

Changes to our membership 2

The leave framework 3

On-ground leave and limited off-ground leave 3

Criteria for granting leave 3

Conditions attached to leave 3

Purpose of leave 4

Progression of leave 4

Suspension of on-ground and limited off-ground leave 4

The hearing process 5

Hearings 5

Application for leave 5

Supporting documentation 5

Conduct of hearings 6

Decisions regarding leave 6

Operational report 7

The year in review 7

Our finances 8

Appendix A: The legal framework 9

Appendix B: Membership as at 31 December 2013 11

Appendix C: Historical data 13

Contents

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Definitions

Throughout this report, unless otherwise specified:

• ‘theAct’referstotheCrimes(MentalImpairmentandUnfitnesstobeTried)Act1997.

• ‘thepanel’referstotheForensicLeavePanel.

• ‘forensicpatient’and‘patient’refertoapersonwhoisdetainedbyasupervisionorderinan‘approved mental health service’ under the Mental Health Act 1986.

• ‘forensicresident’and‘resident’refertoapersonwhoisdetainedbyasupervisionorderina‘residential treatment facility’ or ‘residential institution’ under the Disability Act 2006.

• ‘typesofleave’referstoon-groundandlimitedoff-groundleave

• ‘purposeofleave’referstoactivitiesundertakenwhileaforensicpatientorresidentisonleave

• ‘DFATS’referstotheDisabilityForensicAssessmentandTreatmentServicethatisapartoftheDisability Services Division, Victorian Department of Human Services.

• ‘Forensicare’referstotheVictorianInstituteofForensicMentalHealth,whichisastatutorybodyestablished by the Mental Health Act 1986.

On 1 July 2014 the Mental Health Act 2014 came into effect. During this reporting period reference is made to the Mental Health Act 1986.

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The Forensic Leave Panel

Who we areThe Forensic Leave Panel (‘the panel’) is an independent statutory tribunal established under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to support the rehabilitation of forensic patients and residents and assist their reintegration into the community.

The panel comprises members of the judiciary, the chief psychiatrist and nominees, psychiatrists, psychologists and members from the community.

What we doThe main role of the panel is to hear applications for on-ground and limited off-ground leave from patients and residents to enable them to participate in a range of activities in the community to aid their rehabilitation. The panel also hears appeals from patients and residents regarding refusal of special leave and transfers from one mental health facility to another.

How we do itThe panel is integral to the rehabilitation of patients and residents and facilitates their reintegration into the community.

The panel considers applications from forensic patients and residents over the duration of their custody or detention. Over time the panel may grant incremental increases to a person’s leave into the community when it is appropriate to do so. Leave is granted for a maximum period of six months at any one time and people utilising leave granted by the panel are subject to regular monitoring and review.

Appendix A: The legal framework provides an overview of how a patient or resident may progress under the Act. It also identifies the panel’s responsibilities in the detention, management and release framework.

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The panel is supported by an executive officer, who works from the Mental Health, Wellbeing and Ageing Division of the Victorian Department of Health.

The structure of the panel is outlined below.

Appendix B: Membership as at 31 December 2013 contains a complete list of members, including their terms of appointment.

Changes to our membershipIn 2013 the Honourable Justice Terry Forrest was appointed as a judicial member, and the Honourable Justice Paul Coghlan was re-appointed as a judicial member.

Dr Teresa Flower and Dr Barbara Taylor were re-appointed as psychiatrist members. Mr John Leatherland was appointed as a community member. Ms Kathleen Bragge, Dr Genevieve Grant, Ms Patricia Harper AM and Mr Paul Newland were re-appointed as community members.

Dr Bill Glaser, a psychiatrist member since 1998, died on 18 July 2013.

MembershipAs at 31 December 2013, the panel comprised:

• fourjudicialmembersfromtheSupremeCourtofVictoria

• fourjudicialmembersfromtheCountyCourtofVictoria

• thechiefpsychiatrist

• fournomineesofthechiefpsychiatrist

• fivemedicalpractitionerswithexperienceinforensicpsychiatry

• tworegisteredpsychologistswithexperienceinintellectualdisability and forensic psychology

• sevengeneralmembersofthecommunity,torepresenttheviewsandopinions of members of the community.

Our people

PresidentJustice of the Supreme

Court of Victoria

Chief psychiatrist and nominees

Community members

Judicial members(County and Supreme

courts)

Psychiatrist and psychologist

members

Executive officer

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On-ground leave and limited off-ground leaveThe panel has jurisdiction under the Act to grant on-ground and limited off-ground leave to forensic patients and forensic residents.

The maximum period for which on-ground and limited off-ground leave can be granted is six months. At the end of this period, a patient or resident may reapply to the panel.

On-ground leave

On-ground leave allows forensic patients and residents to be absent from the place of custody, but within a defined area around the place of custody, known as ‘the surrounds’.

Residents at Plenty Residential Services make extensive use of on-ground leave. Forensic patients at Thomas Embling Hospital do not require on-ground leave because the hospital has sufficient grounds within the secure perimeter.

Limited off-ground leave

Limited off-ground leave permits patients and residents to go beyond the surrounds of the place of custody between 6.00 am and 9.00 pm, or outside of those hours for a maximum of three days in any seven-day period.

Criteria for granting leaveThe panel may grant on-ground or limited off-ground leave if it is satisfied that both:

• theproposedleavewillcontributetothepatientorresident’srehabilitation

• thesafetyofthepersonormembersofthepublicwillnotbeseriouslyendangered as a result of the patient or resident being allowed leave.

In determining whether to grant an application for leave or variation of leave, the panel must consider:

• theperson’scurrentmentalconditionorpatternofbehaviour

• theperson’sclinicalhistoryandsocialcircumstances

• theperson’sapplicantprofileandleaveplanorstatement,preparedinaccordancewiththeAct.

Conditions attached to leaveThe panel can place any conditions on leave that it considers appropriate. Conditions commonly relate to:

• howmany,ifany,escortsarerequired

• thedurationandfrequencyofleave

• whereapatientorresidentmaygo(orwheretheymaynotgo)

• whom,ifanyone,canmeetwithapatientorresident

• howapatientorresidentistotraveltotheirleavedestination

• drugandalcoholtestingfollowingleave.

The leave framework

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Purpose of leave

The purpose of leave is to assist the rehabilitation process and provide a gradual progression towards a return to community living that is consistent with the needs of the individual and community safety.

Patients and residents can apply to the panel to participate in a broad range of activities. All leave must form part of an overarching treatment and rehabilitation plan. Common purposes of leave granted include leave to:

• attendmedical,legal,dentaloralliedhealthappointments

• undertakeactivitiesofdailyliving,suchaspersonalshopping,bankingandexercise

• buildormaintainrelationshipswithfamilyandfriendsinthecommunity

• participateintherapeuticandrehabilitationgroups,activitiesandprograms

• attendeducationalandvocationalactivities,groupsandcourses

• participateinorseekvoluntaryand/orpaidemployment.

Progression of leaveThe panel takes a graduated approach to granting leave. Initially, a patient or resident is granted a small amount of leave, and is escorted on leave by two or three staff members. This could include leave to attend medical appointments, or may allow a patient or resident to attend a nearby facility (such as a park or a café) for one hour a week. This slow approach to leave allows for a gradual reintroduction into the community, and also provides staff with a valuable opportunity to monitor how the person copes and adapts in a community setting.

If a patient or resident can successfully participate in leave over a sustained period, the panel may decrease the number of escorts and increase the number of approved locations and purposes, as well as the duration, of further leaves. This process allows a patient or resident to increase their participation gradually in a wide variety of activities that form part of everyday living in order to prepare them for release back into the community.

A patient’s or resident’s progression depends entirely on their individual circumstances. The progression outlined above may not be the path followed by all patients and residents, and some may move back and forward between various stages of this process, depending on their progress and response to treatment.

Suspension of on-ground and limited off-ground leaveThe Act contains provisions that allow the chief psychiatrist (in the case of patients) and the secretary to the Department of Human Services (in the case of residents) to suspend leave granted by the panel if they are satisfied that the safety of the person or members of the public will be seriously endangered if leave is not suspended. The panel is required to record and report any formal suspensions of leave.

In 2013 there were no leave suspensions for residents by the secretary to the Victorian Department of Human Services (DHS).

A total of 12 leave suspensions for patients were made by the chief psychiatrist over the course of the year.

Ten patients had their leave partially or wholly suspended by the chief psychiatrist during 2013: eight patients had their leave suspended on one occasion and two patients had their leave suspended twice.

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HearingsThe panel is required to conduct its hearings at the place where the patient or resident is detained, to enable the person to attend and fully participate in the proceedings.

Patient hearings are held at Thomas Embling Hospital, and the panel is made up of:

• ajudgefromtheSupremeorCountyCourt(dependingonthepatient’soriginalcourt of disposition)

• thechiefpsychiatristortheirnominee

• amedicalpractitionerwithexperienceinforensicpsychiatry

• acommunitymember.

Resident hearings are held at the Disability Forensic Assessment and Treatment Service, and the panel is made up of:

• ajudgefromtheSupremeorCountyCourt(dependingontheresident’soriginalcourt of disposition)

• aregisteredpsychologistwithexperienceinintellectualdisabilityandforensicpsychology

• acommunitymember.

Application for leaveA forensic patient or resident may apply to the panel for on-ground and limited off-ground leave.

All applications must specify:

• theactivity(forexample,groceryshopping)

• thedurationandfrequency(forexample,twohours,onceperweek)

• thedestination(forexample,thenameoftheshoppingcentre)

• thepurpose,inrelationtotheirrehabilitation(forexample,tobuildormaintaindailylivingskills).

Supporting documentationOther documentation required to be submitted to the panel includes:

• anapplicantprofile

• areportfromtheconsultantpsychiatristorpsychologist

• adetailedleaveplanpreparedbythepatient’sorresident’streatingteam.

These are described below.

Applicant profile

The profile provides information on the person’s background. It contains details of their social circumstances, family and other supports, previous contact with mental health or disability services, as well as details of the index offence and its relationship with the person’s mental impairment.

Report from the consultant psychiatrist or psychologist

This report provides information on the person’s current mental state, medication, a risk assessment and any conditions that the clinician recommends should be placed on the leave. The clinician will also indicate if they support all or some of the leave being applied for by the patient or resident.

The hearing process

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Detailed leave plan prepared by the patient or resident’s treating team

This plan is intended to demonstrate how any previous leaves have progressed and how the present leave applied for may contribute to the person’s rehabilitation goals. The plan also allows the person’s treating team to recommend any leave conditions and/or recommend against leave being granted.

Conduct of hearingsHearings are closed to the public unless the panel directs otherwise on the basis that it is in the best interest of the person or is in the public interest. Open hearings rarely occur, although the panel may occasionally allow an observer to be present for training or professional development purposes.

The panel must act according to equity and good conscience, and is bound by the rules of natural justice.

The panel is not required to conduct its hearings in a formal manner. It is not bound by rules or practice relating to evidence, and may inform itself on matters as it sees fit. This may include requests for additional information or, by way of summons, requests that another party attend before the panel to assist.

During the hearing the panel discusses the leave application with the patient or resident and their treating team. Discussions focus on such things as the person’s current mental state and pattern of behaviour, any notable achievements or incidents since the person’s last hearing before the panel and how any previous leaves granted by the panel have progressed.

If the patient or resident requires assistance during a hearing, the panel will engage an interpreter or other specialist, as necessary. During the year, the panel engaged 13 interpreters, in the following languages:

• Auslan

• Cantonese

• Italian

• Mandarin

• Vietnamese.

Applicants have a right to legal representation at hearings. Nine patients and two residents were legally represented over the course of the year.

Decisions regarding leaveAt the end of each hearing the panel advises the patient or resident of its decision and gives verbal reasons. A written determination is given to the patient or resident following the hearing that outlines the leave that was granted or refused and any conditions attached to the leave.

A patient or resident has the right to request a written statement of reasons for the decision. In 2013, the panel received three requests for a written statement of reasons from three different patients.

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Operational report

The year in review

Forensic patients Forensic residents

2013 2012 Change 2013 2012 Change

Applicant profile

Applicants (number) 75 69 6 3 2 1

Male applicants (number) 62 57 5 3 2 1

Female applicants (number) 13 12 1 0 0 0

Applicants on Supreme Court orders (number) 56 52 4 1 1 0

Applicants on County Court orders (number) 19 17 2 2 1 1

First-time applicants (number) 10 8 2 1 0 1

Hearings

Hearings (number) 18 18 0 6 5 1

Applications

Applications received (number) 210 176 34 6 5 1

Individual leave purposes requested (number) 979 864 115 44 49 5

Applications for on-ground leave (number) 0 0 0 6* 5 1

Applications for limited off-ground leave (number) 210 176 34 6* 5 1

Panel’s decisions

Leave granted without modification (percentage) 85 86 1 95 100 5

Leave granted with modification (percentage) 6.7 5.4 1.3 5 0 5

Total leave granted (percentage) 91.7 91.4 0.3 100 100 0

Leave refused (percentage) 7.3 7.8 0.5 0 0 0

Leave withdrawn by applicant (percentage) 0 0.9 0.9 0 0 0

Leave suspensions

Leave suspensions by the chief psychiatrist (number) 12 16 4 N/A N/A —

Leave suspensions by the secretary to the Victorian Department of Human Services (number)

N/A N/A — 0 0 —

Other information

Times a patient or resident was assisted by an interpreter (number)

13 14 1 0 0 —

Languages used (number) 5 5 0 0 0 —

Legal representation (number) 9 6 3 2 1 1

Appeals against refusal of special leave (number) 0 0 0 0 0 —

* Forensic residents made six applications for the year; all were for a combination of on-ground and limited off-ground leave.

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The panel’s statistical data has remained relatively constant over recent years. Although variations occur in the number of hearings, applicants and applications, these differences are consistent with changes in the forensic patient and resident population.

The increase of 110 distinct leave purposes over the reporting period can be attributed to an increase of six additional forensic patients. More frequent applications were also submitted.

Out of the 78 applicants, over the calendar year:

• ninemadeoneapplication

• 29madetwoapplications

• 24madethreeapplications

• ninemadefourapplications

• threemadefiveapplications

• twomadesixapplications

• twomadesevenapplications.

Appendix C: Historical data contains further information on the panel’s historical data between 2004 and 2013.

Our financesThe Mental Health, Wellbeing and Ageing Division of the Department of Health provides all operational support to the panel, manages the panel’s budget and maintains accounts and records. The department’s audited financial statements include the panel’s expenditure, which is reported in the department’s annual report.

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The Act provides for the management, detention and release of persons found unfit to stand trial or not guilty of committing a crime on the ground of mental impairment.

Under the Act, a court can impose several different supervision orders if it finds a person unfit to plead or not guilty on the ground of mental impairment:

• custodialsupervisionorders(CSOs),whichcommitapersontocustodyinan‘approvedmentalhealth service’ under the Mental Health Act, or a ‘residential treatment facility’ or ‘residential institution’ under the Disability Act

• CSOsthatcommitapersontocustodyinaprison,butonlyifthecourtissatisfiedthatnopracticable alternative exists

• non-custodialsupervisionorders(NCSOs),whichallowthepersontoliveinthecommunity,subject to conditions decided by the court and specified in the order.

The court also has the discretion to release a person unconditionally.

The diagram below presents a brief overview of how a person may progress through the system under the Act, and also demonstrates where the panel resides within this framework.

Legal framework for progression under the Act

Appendix A: The legal framework

The court makes a CSO. The person is detained in an approved

mental health service, residential treatment facility or residential institution

The court makes an NCSO. The person is released into

the community, subject to the conditions imposed by the court

The court finds the person unfit to plead or not guilty of an offence due to mental impairment

The court revokes the NCSO. The person is then no longer

subject to the order

The court unconditionally releases the person

The Forensic Leave Panel grants on-ground and/or limited

off-ground leave to the person on a CSO

The court grants extended leave for the person to live in the community for

periods up to 12 months

The person successfully completes at least 12 months of extended leave. They then apply to the court to vary

the CSO to an NCSO

The court can vary an NCSO to

a CSO

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Members of the panel Term of appointment

From To

Supreme Court judges

President of the Forensic Leave Panel

The Honourable Justice Katharine Williams

Previous terms of appointment (as judicial member)

4 October 2011

15 February 2008

5 September 2006

3 October 2016

4 September 2011

20 April 2008

The Honourable Justice Paul Anthony Coghlan

Previous term of appointment

4 March 2013

4 March 2008

3 March 2018

3 March 2013

The Honourable Justice John Forrest

Previous term of appointment

4 March 2013

4 March 2008

3 March 2018

3 March 2013

The Honourable Justice Terry Forrest 26 February 2013 25 February 2018

County Court judges

Her Honour Judge Liz Gaynor

Previous term of appointment

25 May 2010

3 May 2005

24 May 2015

2 May 2010

Her Honour Judge Sandra Davis

Previous term of appointment

4 October 2011

5 September 2006

3 October 2016

4 September 2011

Her Honour Judge Susan Pullen

Previous term of appointment

20 November 2012

20 November 2007

19 November 2017

19 November 2012

His Honour Judge Frank Saccardo 1 May 2012 30 April 2017

Chief psychiatrist and nominees

Dr Mark Oakley Browne (Chief Psychiatrist) 19 March 2013 Ongoing

Dr Paul Hantz 26 May 2003 Ongoing

Dr David Huppert 9 February 2009 Ongoing

Dr Stephen Macfarlane 9 November 2012 Ongoing

Dr Ruth Vine 21 December 2012 Ongoing

Psychiatrist members

Dr Michael Epstein

Previous terms of appointment

24 October 2010

24 October 2006

10 September 2002

21 April 1998

23 October 2014

23 October 2010

9 September 2006

20 April 2002

Dr William Glaser

Previous terms of appointment

24 October 2010

30 August 2005

12 December 2000

21 April 1998

18 July 2013

29 August 2009

11 December 2004

20 April 2002

Dr Teresa Flower

Previous term of appointment

30 August 2013

30 August 2009

29 August 2017

29 August 2013

Dr Barbara Taylor

Previous term of appointment

30 August 2013

30 August 2009

29 August 2017

29 August 2013

Dr Diane Neill 6 July 2010 5 July 2014

Dr Sally Wilkins 14 August 2012 24 May 2015

Appendix B: Membership as at 31 December 2013

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Members of the panel Term of appointment

From To

Ms Catherine Leigh-Smith

Previous terms of appointment

24 October 2010

24 October 2006

10 September 2002

21 April 1998

23 October 2014

23 October 2010

9 September 2006

20 April 2002

Ms Janina Tomasoni

Previous terms of appointment

24 October 2010

24 October 2006

10 September 2002

23 October 2014

23 October 2010

9 September 2006

Community members

Mr Paul Newland

Previous terms of appointment

30 August 2013

30 August 2009

30 August 2005

12 December 2000

21 April 1998

29 August 2017

29 August 2013

29 August 2009

11 December 2004

20 April 2000

Ms Kathleen Bragge

Previous terms of appointment

30 August 2013

30 August 2009

30 August 2005

29 August 2017

29 August 2013

29 August 2009

Dr Terry Grigg

Previous term of appointment

24 October 2010

24 October 2006

23 October 2014

23 October 2010

Mr Jack (Kyriakos) Nalpantidis

Previous term of appointment

24 October 2010

24 October 2006

23 October 2014

23 October 2010

Ms Patricia Harper AM

Previous term of appointment

30 August 2013

30 August 2009

29 August 2017

29 August 2013

Dr Genevieve Grant

Previous term of appointment

30 August 2013

30 August 2009

29 August 2017

29 August 2013

Mr John Leatherland 30 August 2013 29 August 2017

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The table below provides information on the number of patients and residents, hearings, leave applications and other demographic data for the period 2004 to 2013.

Application information 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004

Forensic patients (number) 75 69 67 65 70 73 66 54 51 51

Forensic residents (number) 3 2 2 3 3 3 3 3 3 3

Hearings (number)1 24 18 22 19 22 23 17 15 17 16

Hearing days (number)2 18 18 19 18 18 20 16 15 15 14

Total leave applications made to the panel (number)

216 181 184 182 179 158 178 169 169 168

Average leave applications made per hearing (number)

9 10 8.4 9.6 8.13 7.9 11.1 11.2 11.2 11.2

Average leave applications by each forensic patient or resident (number)

2.8 2.5 2.6 2.6 2.5 2.08 2.6 2.9 3.1 3.29

Average leave purposes per application (number)

4.7 5 5.2 4.3 4 4.3 4.2 4.6 3.8 3.3

Type of leave applications (number):

•on-ground 6 5 4 5 9 9 6 6 6 6

•off-ground 216 176 180 177 170 149 172 169 169 168

•combinedon-groundandlimited off-ground leave3

6 5 4 5 9 2 0 0 0 NA

Leave purposes (number) 1023 913 962 786 724 686 761 779 649 554

Leave purposes (percentage):4

•granted 85.3 86 87 87.7 91.7 94 91.3 87 89 91

•modifiedandgranted 6.7 5.4 4.5 3.3 1 6.1 2.4 1 1.3 2.9

•refused 7 7.8 5.5 9 7.2 6 5.6 7 8.5 5.2

Times applicants were assisted by interpreters (number)

13 14 11 13 13 11 12 13 20 23

Times applicants were legally represented (number)

11 7 6 2 7 8 4 3 0 2

Patients or residents who had leave suspended (number):

•on-ground 0 0 0 0 0 0 0 0 0 0

•off-ground 12 16 9 11 6 11 3 10 12 7

Appeals against refusal to grant special leave by the authorised psychiatrist or the secretary to DHS (number)

0 0 0 0 0 0 0 0 0 0

Appeals against the transfer of a forensic patient from one mental health facility to another (number)

0 0 0 0 0 0 0 0 0 0

Patients and residents granted extended leave by a court (number)

8 9 4 4 10 12 9 5 7 5

Suspension of extended leave by the court (number)

1 1 1 0 1 2 0 0 3 1

Appendix C: Historical data

Application information 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004

Applicant demographics

Gender (number):

•male 65 57 58 59 63 69 59 51 48 48

•female 13 12 11 9 10 7 7 6 6 6

Average age of applicants (years) 41.9 41.3 40 40 41.5 41.2 41.7 43 43 43

Sentencing court (number):

•CountyCourt 21 17 20 21 19 24 21 14 13 11

•SupremeCourt 57 52 49 47 54 51 48 43 41 43

Average length of custody (years) 8.6 8.25 7.1 7.2 7.1 7.4 7.2 7.7 7.2 7.1

Longest period of custody (years) 40.4 39.4 38 37 36 35 34 33 32 31

1 The number of hearings held for forensic residents and the number of hearings held for forensic patients.

2 Hearings at Thomas Embling Hospital and the adjacent disability forensic assessment and treatment service are scheduled (wherever possible) to coincide, so that members of a division of the panel can conduct both hearings.

3 Forensic residents made the on-ground leave applications as part of an application that also included limited off-ground leave. In practice, forensic patients do not require on-ground leave because Thomas Embling Hospital has sufficient grounds within the secure perimeter.

4 The percentage of leaves granted, modified or refused by the panel may not total 100 per cent because sometimes applied-for leave is withdrawn by patients during hearings.

5 The reference date used to calculate the average length of custody was 31 December 2013. Previously the reference date is likely to have been the undefined year, accounting for the percentage increase in 2012.

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