McCausland, Reeve and Gooding believe that this outcome allows for people with cognitive disabilities to avoid a potentially unfair trial. However, they believe that the length of the process could cause stress for the person with disability and increase the likelihood of recidivism. Additionally, they believe that the services offered under supervision are often unsatisfactory

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In this outcome, a person with a disability is judged to be unfit to stand trial, and avoids conviction. Since the determination of someone's fitness to stand trial would need to be elevated to a higher court, this process could take at least a year. During this process, the person with a disability would either be remanded or placed in a secure residential facility under supervision.

Unfitness Hearing for People with Cognitive Disabilities in Australia

McCausland, R., Reeve, R., & Gooding, P. (2019). The economic case for improving legal outcomes for accused persons with cognitive disability: an Australian study. International Journal of Law in Context, 15(4), 367-389.

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