Invited Speaker: Amee Baird, PhD (AUS)
 

Abstract:  Our population is ageing and there is an increasing number of older people alleged to have committed criminal offences, both recent and historical. A growing number of offenders with dementia are facing the criminal justice system. The timing and accuracy of an offender’s dementia diagnosis can affect legal outcomes. This presentation will include case studies of people with dementia who were seen for neuropsychological assessment by the presenter for the purpose of a section 14 applications (Mental Health and Cognitive Impairment Forensic Provisions Act (2020) at the NSW Local Court, which allows people with a mental health or cognitive impairment to be diverted out of the criminal justice system. Case studies of people with a diagnosed probable dementia who were seen for assessment of fitness to plead and stand trial and important considerations for such cases will also be discussed. Age related changes including mobility, sensory and cognitive difficulties can cause challenges for, and barriers to, engaging in court proceedings. Case examples of such barriers faced by offenders with dementia will be provided. I will outline a proposed specialised ‘Elder Court’ for criminal offenders aged 65 years and over, to enable greater access to justice and due process for this vulnerable population.

 

Learning objectives:

1. To understand the intersection of dementia and criminal law

2. To understand, in particular, how a dementia diagnosis can impact legal outcomes

3. To advance awareness of challenges faced by people with dementia when engaged in legal proceedings.

 

Level: All levels. The content will be relevant to early career neuropsychologists, and established neuropsychologists alike.

 

Presenter: Amee Baird, PhD

Dr Amee Baird is a clinical neuropsychologist with over 20 years’ experience in clinical and research positions, including in London and Paris. She is now based in Newcastle NSW, where she has a private practice. She has previously worked as a Professional Member of the NSW Guardianship Tribunal and is a current member of the NSW Mental Health Review Tribunal (clinical and forensic divisions). She completed a Juris Doctor (with Distinction and award of the University Medal for Law) and Graduate Diploma of Legal Practice at the University of Newcastle in 2024 and was admitted as lawyer to the Supreme Court of NSW in 2025. She is one of only a few neuropsychologists in Australia who is also a practicing lawyer, and currently works with the criminal division of Legal Aid. She was awarded a Justice Fellowship from the NSW Law and Justice Foundation to explore dementia and criminal law in 2024, and this presentation draws on findings from that fellowship.

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Keywords: ageing, dementia, crime