While the terminology around ‘not guilty’ due to mental incompetence remains factually accurate, over the years there has been a growing consensus that the phrase can be misleading and fails to adequately reflect the legal consequences that flow from this type of court finding and the impact on victims given that the conduct has been proven.

Under the reforms introduced to State Parliament today, the term would be replaced with a finding of ‘conduct proved, but not criminally responsible’ due to mental incompetence.