M (SC 82/2020) v Attorney-General

The appellant, M, challenged the validity of an order made under section 31(4) of the Crimes (Psychiatrically Impaired Persons) Imposition of Psychiatric Treatment Act 2002 (Vic) (CPMIP Act) that directed his detention as a special patient at a psychiatric hospital. The appellant had been found unfit to stand trial on charges related to sexual offences. The appellant argued that the order was invalid as it was not made within the time limit prescribed by section 30 of the CPMIP Act, which specified the duration for which a person found unfit to stand trial could be detained. The Supreme Court of Victoria considered whether the order was made in accordance with the statutory provisions.

The primary legal issue was whether the order made under section 31(4) of the CPMIP Act was valid. The court had to determine if the order was made within the prescribed time limit under section 30, which was either 10 years or half the maximum term of imprisonment for the offence charged, whichever applied. The court also had to consider the effect of section 31(4) when no direction had been made under section 31(2) or (3) before the expiry of the relevant maximum period.

The Supreme Court found that the order was valid despite the expiry of the relevant maximum period. The court held that section 31(4) of the CPMIP Act provides that if the defendant is still detained as a special patient or special care recipient when the maximum period expires, and no direction has been given under sections 31(2) or (3), then the Attorney-General must direct that the defendant be held as a patient or care recipient. The court held that this provision was mandatory and applied regardless of whether the maximum period had expired. Consequently, the order made under section 31(4) was valid.

The Supreme Court dismissed the appellant's application. The court found that the order made under section 31(4) of the CPMIP Act was valid and did not exceed the statutory time limits. The appellant's challenge to the order was unsuccessful.