Intellectual Disability and Mental Health Orders
In the NSW court system, people with an intellectual disability or mental illness can sometimes be given special provisions, including mental health orders, to allow them to bypass the usual legal system and instead be diverted into treatment programs. Although...
Drafting Section 32 Applications – A Guide for Criminal Lawyers
Applications under section 32 of the Mental Health (Forensic Provisions) Act 1990 are a handy tool for diverting clients who suffer from ‘mental conditions’ towards getting the help they need. The section allows a court to dismiss a criminal charge...
How Much Does a Lawyer Cost?
Lawyers have a reputation for being expensive, but getting legal help for a criminal matter may not be as costly as you think, and it can make a big difference to the outcome of your case. While it is possible...
Bipolar and Driving Offences
Mental illness has always been a defence to crimes if the person did not know what they were doing. Our criminal justice system has always included the concept that people who are not responsible for their actions such as children...
The Magistrate Refused My Section 32 – What Now?
If you suffer from a mental condition or were suffering at the time you committed an alleged offence you may be able to apply for a Section 32 order. A Section 32 is a court order which diverts people who...
Getting a DUI Dismissed if Diagnosed with Depression
If you have been diagnosed with a mental condition like depression, you may be able to have criminal charges against you dismissed under a Section 32 order. Section 32 is a provision of the Mental Health (Forensic Provisions) Act which allows...
How Does A Section 32 Mental Health Order Work?
Section 32 of the Mental Health (Forensic Provisions) Act is commonly used to divert those who suffer from mental conditions away from criminal penalisation and towards getting help and treatment they need. A section 32 can be granted in situations where someone...
Sydney Criminal Lawyers® in Mental Health Cases
The criminal justice system is mainly designed to cater for participants who do not suffer from mental illnesses. This one-size-fits-all approach often means that support systems are not properly implemented to ensure that a person’s mental condition does not lead...
The New Bail Act
The new Bail Act 2013 (NSW) has not taken effect in NSW as yet, but is expected to become law in early 2014. The current Bail Act 1978 (“the old Bail Act”) looks at presumptions in relation to bail, and...
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