Section 19 Treatment for Mentally Ill and Mentally Disordered persons

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On 27 March 2021, new laws came into effect in New South Wales to deal with situations where persons suffering from mental health issues come into contact with the criminal justice system.

One of these new laws is section 19 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, which replaces section 33 of the Mental Health (Forensic Provisions) Act 1990.

Section 19 allows a magistrate to order that a person who may be mentally ill or mentally disordered be taken to a mental health facility and held there for assessment, or undertake community treatment, or be discharged into the care of a responsible person, rather than dealt with under the usual criminal law.

One of the benefits of this process is that it enables a person to avoid a criminal record and other penalties.

In fact, a person who is determined to be mentally ill or mentally disordered will have the charges brought against them dismissed after 6 months.

If you or a loved-one is facing a criminal or traffic offence and believe there may be underlying mental health issues, call Sydney Criminal Lawyers anytime on (02) 9261 8881 and let our experienced defence team provide you with accurate advice, as well as valuable support and guidance through the process.

What is a section 19 order?

What are the benefits of a section 19 order?

What needs to be established for a section 19 order to be made?

What is a mental illness?

When is a person considered to be mentally ill?

What is considered when determining whether a person is mentally ill?

What is a mental disorder?

What orders can the court make?

Who may be a ‘responsible person’?

What happens if the treatment facility determines there is a mental illness or mental disorder?

But will the criminal charges be dismissed?

What happens if the order is breached?

Going to Court? (02) 9261 8881

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