Criminal
Our team of Forensic Psychiatrists are experienced in Section 14 diversion, fitness, mental health mitigation, mental health defense matters and other criminal court processes. Our specialists have worked in the correctional system and are experienced in the provision of reports and verbal expert evidence to courts and tribunals. We can undertake assessments for incarcerated clients remotely or in person if preferred.
Fitness to plea
“Fitness to plead” or “fitness to stand trial” refers to a person’s mental capacity to understand the court proceedings and participate in the court process. A defendant is considered unfit to plead if a mental condition prevents them from understanding their charges or participate in the court process or their defence.
Mitigation
Mental illness mitigation relies on demonstrating that an offender’s mental health condition played a role in the offence. This may influence the type of sentence, the conditions under which the sentence is served or the length of the sentence. It may also take into account the potential harm of incarceration on the person’s mental health.
Mental Illness Defence
A mental illness defence (or mental impairment defence) may apply if, at the time of the offense the accused was suffering a mental condition which prevented them from understanding what they were doing, or from knowing it was wrong. If successful, the defendant will be found not guilty by reason of mental impairment.
Mental Health Diversion (Section 14/ Section 21a)
Australian criminal law refers allows a Court to divert individuals with a mental health condition away from the court system and towards treatment. Theis typically required a comprehensive assessment to consider the relevant legislation and may include creating a treatment plan which the Court may include as a condition of the diversion.
Fitness to instruct counsel
An assessment of an individual’s fitness to instruct counsel is required where there is doubt if the person can meet certain minimum standards to participate in the legal process. A person is considered unfit if there are symptoms of mental illness which prevent adequate communicate with a solicitor.