New Laws For People With Mental Health Issues In NSW

In 2021 new laws come about to do with people who commit criminal offences who have mental health issues. The idea behind the laws is to stop them from entering the system and to get the actual help they need. In some cases, it can even help them avoid trial or having a criminal record. The laws fall under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). A person needs to meet the criteria and that is where the best criminal lawyers Melbourne can help.

What does the law say?

Diverting away from local courts with section 14 applications

Defendants under section 14 applications who have cognitive or mental health impairments can go through a treatment program for up to a maximum of 12 months instead of going through and being sentenced by the courts under the criminal law. The program might include seeing a mental health specialist such as a psychologist regularly. The defendant avoids being found guilty of any offence and thus does not have anything added to their criminal record.

Treating mentally ill and mentally disordered people with section 19 orders

The section 19 orders enable the magistrate to have a person assessed at a suitable mental health facility if the person is mentally disordered or mentally ill. This is a more serious mental health concern usually than the above mental or cognitive impairment concern covered under section 14. Criminal law firms Melbourne CBD can help their client with such cases. The magistrate can order the person to be discharged into the care of someone responsible either unconditionally or conditionally, or for them to get community treatment. If in the mental health facility the person is determined to be mentally disordered or ill then the charges can be dropped after 6 months and there is no guilty verdict or criminal record.

The mental illness defence with section 28

If at the time of the offence the best criminal lawyers Melbourne are able to argue that the person was suffering from cognitive or mental health impairment at the time of the alleged offence, they can argue that the person was not aware of the nature of the action or that the act was a criminal one and are therefore not criminally responsible and a not guilty verdict must be found.

Fitness to stand trial 

In somce cases, there are times when a defendant cannot go to trial. For example, if they do not understand what is happening, what a plea of guilty or not guilty means and the charges and potential punishments they are facing.

Conclusion

The above new rules are specifically related to New South Wales. It is important to talk to expert criminal law firms Melbourne CBD whether facing NSW offences or Commonwealth offences. Make sure your lawyer is experienced in mental health rules and applications, or if you are looking on behalf of someone you feel has mental health issues you should look for the same.