Mental Health

Question 1

what acts are Section 32 and 33 applications made under?

Answer 1

Mental Health (Forensic Provisions) Act 1990

Question 2

What does Section 32 of the MH(FP) Act relate to?

Answer 2

Persons suffering from mental illness or condition or cognitive impairment

Question 3

At what point in the proceedings can a magistrate take action under S32?

Answer 3

At the commencement or at any time during the hearing of proceedings..

Question 4

What does sub section A of S32 of the MH(FP) Act state?

Answer 4

A) That the defendant is or was at the time of the commission of the offence;

• Cognitively impaired
• Suffering from a mental illness
• Suffering from a mental condition for which treatment is available in a mentalhealth facility.

But is not a mentally ill person

Question 5

What does sub section B of S 32 state?

Answer 5

That it would be more appropriate todeal with the person under this act rather than at law.

Question 6

What can the magistrate do under S32 (2)?

Answer 6

adjourn proceedings
Grant bail under the bail act
make any other order they seem appropriate