Marlon Noble is an Aboriginal person with an Intellectual Impairment. Marlon spent 10 years in jail without being convicted of a crime.
At the age of 19 Marlon, was charged with sexual abuse. Marlon denied doing anything wrong however, due to his disability, he was deemed “unfit to stand trial”. The courts ruled Marlon ineligible for full time psychiatric care but too much of a risk to the community to be released. Marlon was jailed indefinitely. After a full decade behind bars, fresh evidence allowed all charges against Marlon to be dropped and he was released. Although never convicted of a crime, Marlon remains under 24 hour supervision. For someone that hasn’t been convicted, why? Never convicted but never fully freed, Marlon’s case highlights the inequalities that still exist within our legal system for people with disabilities. The law in question, The Criminal Law (Mentally Impaired Accused) Act 1992 is still in place. Around Australia there are a huge amount of people in the exactly same position as Marlon. People in prison who have never been convicted of a crime.
This information was taken directly from “Presumed Guilty” a short film copyright of the Australian Human Rights Commission 2013 http://tinyurl.com/c6vnqt8
The Criminal Law (Mentally Impaired Accused) Act 1992 needs to be reviewed and changed. Marlon Noble should not continue his life, being treated as a criminal. The cases of those currently in jail as a result of this act should be reviewed. No one else should be convicted of a crime as a result of this Act in its current form.