Man not convicted, but jailed nine years

WEST Australia's attorney-general has defended a decision to leave an intellectually disabled man in prison for more than nine years without being convicted or standing trial.

WEST Australia's attorney-general has defended a decision to leave an intellectually disabled man in prison for more than nine years without being convicted or standing trial.

Marlon Noble was 19 when he was arrested in December 2001 for allegedly sexually assaulting two minors in Carnarvon, 900km north of Perth.

He was deemed mentally unfit to stand trial and detained until the Mentally Impaired Accused Review Board could examine his situation.

Mr Noble is now 29 and is being held at Greenough Regional Prison near Geraldton despite the director of public prosecutions deciding in August 2010 not to prosecute him.

Mr Noble's lawyer, Matthew Holgate, says he does not know when his client might be released.

Attorney-General Christian Porter today told parliament that for less serious offences, a person deemed mentally unfit for trial could be released, or in serious cases, a custody order would be made.

"When the custody order takes effect, the indictment is quashed," he said.

"My understanding is that the existence or otherwise of an indictment, or even the contemplation of the existence of the indictment, does not make unlawful the custody order."

Mr Porter said it was a "very, very fine balance" to consider the best interests of Mr Noble and the safety of the community.

WA Greens disabilities and mental health spokeswoman Alison Xamon said Mr Noble's case highlighted the appalling way people who are mentally unfit to stand trial are treated in the justice system.

"Too many intellectually disabled and seriously mentally ill people are warehoused in our prison system because there is nowhere else for them to go," she said.

"Under our current system, people such as Mr Noble end up spending more time behind bars than if they had been convicted of the original offence."

Ms Xamon said a mental impairment court intervention program should be established for such cases in the future.

"Not only is this a matter of human rights and providing a better social outcome for vulnerable people, it would also probably be far cheaper than keeping them locked up in our expensive jails indefinitely," she said.

Mr Porter said he would have to wait for a report from the review board before proceeding any further with the matter.