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BARKER EVANS

Mental Health Applications

The Court can divert those with mental health issues away from the criminal justice system and towards getting the help they need to move forward with their lives.

These laws are contained in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and allow a person to avoid a criminal record or even having to be put through a trial, as long as they meet certain criteria.

These new rules relate to New South Wales offences.
For Commonwealth Offences, the equivalent of a section 14 mental health application is contained in section 20BQ of the Crimes Act 1914.

If you are charged with a criminal offence and have mental health issues, it is important to obtain legal advice from a lawyer who is experienced in mental health applications and can assist you to get the help you need, rather than obtaining a criminal record.