Legal Commentary Archives - FASD Hub Australia | FASD Hub https://fasdhub.org.au/publication-types/legal-commentary/ Tue, 06 May 2025 04:55:31 +0000 en-AU hourly 1 https://wordpress.org/?v=7.0.2 https://fasdhub.org.au/wp-content/uploads/2024/04/favicon.webp Legal Commentary Archives - FASD Hub Australia | FASD Hub https://fasdhub.org.au/publication-types/legal-commentary/ 32 32 Fetal Alcohol Spectrum Disorders, Expert Evidence and the Unreliability of Admissions during Police Interviews https://fasdhub.org.au/publications/fasds-expert-evidence-and-the-unreliability-of-admissions-during-police-interviews/ Wed, 24 Feb 2016 16:00:00 +0000 http://abtesting.wp/publications/fasds-expert-evidence-and-the-unreliability-of-admissions-during-police-interviews/ Case commentary from 2016- It has been recognised for over a decade that FASDs, if not identified, can result in miscarriages of justice by reason of profoundly reducing the culpability, and on occasion even the responsibility, of criminal offenders. The decision of the Privy Council in Pora v The Queen [2015] UKPC 9 provides an authoritative legal precedent for recognition of the fact that questioning by police has the potential to yield unreliable and confabulated confessions from persons with FASDs.

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]]> Review of the Criminal Law (Mentally Impaired Accused) Act 1996 https://fasdhub.org.au/publications/review-of-the-criminal-law-mentally-impaired-accused-act-1996/ Fri, 01 Apr 2016 00:00:00 +0000 http://abtesting.wp/publications/review-of-the-criminal-law-mentally-impaired-accused-act-1996/ This is a review of the laws in Western Australia which deal with accused who have been found by a court to be mentally unfit to stand trial.

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]]> FASD and the law in Australia: the need for awareness and concern to translate into urgent action https://fasdhub.org.au/publications/fasd-and-the-law-in-australia-the-need-for-awareness-and-concern-to-translate-into-urgent-action/ Thu, 28 Feb 2013 20:19:34 +0000 http://abtesting.wp/publications/fasd-and-the-law-in-australia-the-need-for-awareness-and-concern-to-translate-into-urgent-action/ This article discusses the challenges that FASD presents to the legal system and laws in Australia...

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