Youth Crime Record of Assessment of Mental Impairment

Victoria Legal Aid

KCCRM5080 - Misc Record of assessment of mental impairment manual.dotm

Youth Crime record of assessment of mental impairment

Child’s name Date of Birth

Date of Alleged Offence/s (14 or more at the time – state of mind is to be assessed as at the time of the offending)

Client number (if known)File number (if relevant)

Criteria / Details
Preliminary issues
Has client ever been assessed as having mental health issues? Y/N
If so, provide details
Has client ever been assessed as having a behavioural disorder? Y/N
If so, provide details
Were they using drugs or alcohol around the time of the alleged offending? Y/N
If so, which drugs and how often?
Should an FMO have been called in before the interview? Y/N
If an FMO was called, were they assessed as fit for interview? Y/N
Record of Interview
Did client demonstrate an understanding of the role of the police and the police interview process?
Did client demonstrate an understanding of the cautions at the beginning of the interview? Y/N
Was client asked to repeat back rights to determine level of understanding? Y/N
Did their repeating back give an indication of a lack of understanding of the nature or quality of the situation? Y/N
Did client answer questions on the record of interview about understanding the nature and quality of what they allegedly did? Y/N
Did client answer questions on the record of interview about understanding that their conduct was wrong?
Police brief
Is there CCTV? Is there anything about the client’s recorded behaviour that indicates a consciousness of the nature and quality of the conduct or that what they are doing is wrong?
Are there witness statements? Is there anything in their descriptions about the client’s behaviour that indicates a consciousness of the nature and quality of the conduct or that what they are doing is wrong? – what does the client say?
Other relevant matters
Did the client have any hospital admissions around the time of the offending? Y/N
If so, provide details
Further investigation
If it is assessed that further investigation of mental impairment is appropriate refer to KCCRLM5090 file checklist – mental impairment
Work instruction

You must complete this record fully and accurately. This will help to demonstrate that you have met the duties of competence and standard of care expected of a lawyer.
In most instances this document would be considered a client document and given to the client upon request. It could also be disclosed under the FOI Act.