Mental Health Applications (Section 14): Compassionate Defence for Complex Minds
Your Mental Health Should Be Treated, Not Punished.
At My Criminal Lawyers, we understand that good people often find themselves in the criminal justice system due to underlying mental health struggles or cognitive impairments. In these cases, a standard criminal punishment is often not the answer.
Under NSW Law, specifically Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (formerly known as Section 32), the Local Court has the power to divert you away from the criminal justice system.
If successful, your charges are dismissed, you receive no criminal conviction, and you are ordered to undergo a treatment plan instead of facing punishment.
What is a Section 14 Application?
A Section 14 Application is a request to the Magistrate to deal with your matter under the mental health legislation rather than the criminal law.
If granted, the Magistrate dismisses the charge and discharges you into the care of a responsible person (usually your doctor or psychologist) on the condition that you comply with a treatment plan.
The Outcome: Why It Matters
- No Criminal Record: The charge is dismissed without a finding of guilt being recorded against you.
- No Fine or Jail: You avoid standard criminal penalties.
- Focus on Recovery: The outcome focuses on your rehabilitation and health, rather than punishment.
Who is Eligible? (The Legal Test)
To succeed in a Mental Health Application, we must satisfy the Court of two specific “limbs” or requirements:
Limb 1: The Condition
We must prove that at the time of the court hearing, you are suffering from a:
- Mental Health Impairment: Such as Anxiety, Depression, Bipolar Disorder, Schizophrenia, or PTSD.
- Cognitive Impairment: Such as an Intellectual Disability, Dementia, Autism Spectrum Disorder, or Acquired Brain Injury.
Limb 2: Appropriateness
We must persuade the Magistrate that it is more appropriate to deal with you under Section 14 than according to law. The Court will consider:
- The nature and seriousness of the offence.
- Your criminal history (if any).
- How your condition contributed to the offending.
- The strength of your proposed Treatment Plan.
Why Legal Support Matters
- The law governing mental health treatment emphasises dignity, autonomy, least restriction and supported decision-making.
- Tribunals are independent and complex: hearings often involve legal, medical and community members.
- Applications may involve assessments of capacity, consent, involuntary treatment, or special treatments (e.g., ECT) — all of which carry legal and human rights dimensions.
- Failure to properly prepare or present your case can result in orders that may restrict freedom, community participation or impose conditions you don’t agree with.
How We Prepare a Successful Application
Simply having a mental illness is not enough to have charges dismissed. The application must be meticulously prepared. Our experienced team manages the entire process:
Expert Psychological Reports: We have a network of respected forensic psychologists and psychiatrists. We brief them to write a detailed report linking your condition to the alleged offence.
Detailed Treatment Plans: We help formulate a robust treatment plan (e.g., regular therapy, medication compliance) that assures the Court you are taking steps to prevent re-offending.
Persuasive Advocacy: We appear in Court to argue that diverting you to treatment serves the community better than a fine or a bond.
Conditions We Frequently Assist With
We have successfully obtained Section 14 dismissals for clients suffering from a wide range of conditions, including:
- ADHD (Attention Deficit Hyperactivity Disorder)
- Major Depressive Disorder
- Generalized Anxiety Disorder
- Post-Traumatic Stress Disorder (PTSD)
- Bipolar Disorder
- Schizophrenia & Psychosis
- Autism Spectrum Disorder
- Dementia & Brain Injuries
Why Choose My Criminal Lawyers?
Specialist Knowledge of the 2020 Act
Many lawyers still rely on old “Section 32” precedents. We are experts in the current Mental Health and Cognitive Impairment Forensic Provisions Act 2020, ensuring your application meets the modern legal standards required by Magistrates.
Compassionate, Non-Judgmental Support
We know this is a difficult time. We treat you with dignity and respect, focusing on your health and your future, not just your file.
Fixed Fees for Applications
We offer Fixed Fees for the preparation and presentation of Mental Health Applications. You will know the cost of the lawyer and the psychological report upfront, with no hidden surprises.
Frequently Asked Questions (FAQ)
Is Section 14 the same as Section 32?
Yes, effectively. In 2021, the Mental Health (Forensic Provisions) Act 1990 was repealed and replaced. The old “Section 32” is now Section 14 of the new Act. The principles are very similar, but the definition of “mental health impairment” is now clearer.
What happens if I breach my treatment plan?
If a Section 14 order is made (usually for 6 or 12 months) and you fail to follow the treatment plan, the Court can call you back, revoke the order, and resentence you for the original offence (which could result in a criminal record).
Can I get a Section 14 for a serious offence?
Section 14 applies to summary offences (Local Court matters) and indictable offences being dealt with summarily. While it is harder to get for very serious offences (like violent assaults), it is not impossible if the connection between the illness and the offence is strong.
Does a Section 14 dismissal result in a criminal record?
No. If your Section 14 application is successful, there is no conviction recorded, and there is no finding of guilt. Your criminal record remains clear for that offence.
What conditions qualify for a Mental Health Application?
Eligible conditions include mental health impairments (Depression, Anxiety, Bipolar, Schizophrenia, PTSD) and cognitive impairments (Intellectual Disability, Autism, Dementia, Brain Injury).
How long does a Section 14 order last?
The Magistrate can order you to comply with a treatment plan for a period of up to 12 months. Once this period is successfully completed, the matter is finalized.
Can family members apply on behalf of someone else?
Family/carers often play a role — but legal applications typically must be under the legislation either by the authorised psychiatrist, the health service or sometimes the person themselves (depending on jurisdiction).
Take the First Step Toward Recovery and Freedom
If you are suffering from a mental health condition and facing criminal charges, do not plead guilty without legal advice. You may have a defence or be eligible for a dismissal.
Contact My Criminal Lawyers for a confidential, free assessment.
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