Mental Health Flashcards
What is a section 32 application?
An application by the defence to have a matter dealt with by mental health treatment rather than at law.
What is a section 32?
An order by the Court for a person to be taken to a hospital for mental health assessment or treatment.
What mental health areas are covered by a s32?
Cognitively impaired, mental illness or mental condition
What mental health issue is covered in a section 33?
Mentally ill or Mentally Disordered
What two acts deal with Mental Health?
Mental Health Act 2007 and Mental Health (Forensic Provisions) Act 1990
What is the insanity defence?
No mens rea, the defendant did not possess the necessary mens rea at time he committed the offence. Onus on defence to prove on balance or probabilities
What can a Magistrate do under s 32?
- At any time during the proceedings if the person appears
A.i.Cognitively imparted
A.Ii. Suffering from mental illness or
A. Iii. Suffering from a mental condition which treatment is available at a mental health facility and
B. That it would be more appropriate to be dealt with under the act than at law the magistrate can - Adjourn proceedings, grant bail or make any other order
- May also dismiss the charge or discharge the defendant to the care of a responsible person, conditionally or unconditionally. On the condition that they attend a person or place for assessment of their mental condition and or unconditionally.
What must a prosecutor consider on a s32 application?
Does the defendant now or at the time of the offence suffer from:
- cognitive impairment
- a mental illness
- a mental condition for which treatment is available in a facility?
Or is the defendant mental ill (s33)
Is it more appropriate for them to be dealt with under this act than at Law?
Generally oppose if it is not in the interests of the public or community safety.
What does Perry v Forbes & Storey NSWSC 1993 cover?
The magistrate needs to know:
Circumstances of the offence, mental condition in a report format, a clear effective treatment plan and the plan must address repetition or the offence or other offences.
What can a magistrate do under s 33?
At any time if the defendant appears mentally ill they can order them to go a mental health facility for assessment.
(B) to come back to court if not mentally ill
(C) may discharge the defendant unconditionally or with conditions to a responsible person.
What happens if a person isn’t bought back before the Court after 6 months for a s33 being made?
The offence is taken to be dismissed.
What material may a magistrate take into consideration under s 36 for making a determination of a s 32?
Any material they see fit, generally psyc report.
What is a Mentally ill person?
Person suffering from a mental illness and owing to that illness there are reasonable grounds for believing that care, treatment or control of the person is necessary for:
- Their own protection from serious harm or
- The protection of others from serious harm
(S14 Mental Health Act 2007)
