Recommendation 164

This recommendation is assigned to CSNSW.

Recommendation

The Commission has noted that research has revealed that in a significant number of cases detainees or prisoners who had inflicted self-harm were subsequently charged with an offence arising from the incident. The Commission recommends that great care be exercised in laying any charges arising out of incidents of attempted self-harm and further recommends that no such charges be laid, at all, where self-harm actually results from the action of the prisoner or detainee (subject to a possible exception where there is clear evidence that the harm was occasioned for the purpose of gaining some second advantage).

Context

The Royal Commission considered that the laying of charges in association with a self-inflicted injury is futile, insensitive, and counter-productive. Recommendation 164 is directed at avoiding the laying of charges in circumstances that would only heighten the distress felt by the person.

Detail of implementation

There is no offence provision in the CAS Act or Regulation for inflicting self-harm, and it was removed from the former regulation in 1996..

Crimes Act 1900 amended in 1983 by the Crimes (Mental Disorder) Amendment Act 1983 to abrogate suicide and attempted suicide as an offence.

In 1996 the Prisons (General) Regulation 1995 - made under the Prisons Act 1952 - was amended by the Prisons Amendment (General and Administration) Regulation 1996 to remove an offence provision relating to prisoners inflicting self-injury.