Sometimes, a crime is committed due to a mental health condition. In recognition of this, these matters can be heard under the Mental Health and Cognitive Impairment Forensic Provisions Act rather than under criminal legislation. That means, you or someone you know won’t be unfairly punished for an act committed as a result of mental illness. It also means you can obtain appropriate treatment, instead of imprisonment or a conviction.

What’s involved in making a mental health application?

Mental health applications can be made at any time before sentencing – including during proceedings and for most offences. To apply, you need to obtain an assessment by a forensic psychologist and you will be required to follow a treatment plan. Mate Lawyers are well connected with respected experts in this area and can assist with obtaining the required report.

If the mental health application isn’t successful, your case will proceed as usual.

What can you expect if your mental health application is successful?

If your mental health application is successful, your case will be diverted to the mental health legislation rather than the criminal law. Importantly, there is no finding of guilt and you will not receive a conviction.

However, as part of being granted a mental health application, you must undertake the treatment plan set out by the forensic psychologist. If you don’t, the Court will be notified and you may be resentenced under criminal law.

Have you or someone you know been charged as a result of a mental health issue?

We are confident and empathetic advocates for people being unfairly charged in NSW because they suffer a mental illness. Not only can we make an application under the mental health legislation, we can also assist with introductions to appropriate forensic psychologists. For help, get in touch with us here.