Section 14 Mental Health Application in NSW
If you’ve been charged with a criminal offence in NSW, and your case is listed in the Local Court, you may be eligible for a Section 14 application. This applies if you are experiencing, or may be experiencing, a mental health condition or cognitive impairment.
Under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a successful application can result in your charges being dismissed.
What is a Section 14 Application?
A Section 14 application is made under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). It gives the Local Court the power to dismiss criminal charges against a defendant who is affected by a mental health condition or cognitive impairment.
If successful, the Court may discharge the defendant:
- Into the care of a responsible person, with or without conditions
- On the condition that they attend a person or place for treatment, assessment, or support
- Unconditionally
The purpose of Section 14 is to divert eligible individuals away from the criminal justice system and toward appropriate treatment and support. The rationale behind this diversion is that the public interest is better served by ensuring the individual receives mental health care than by the matter proceeding under criminal law.
What Does the Court Consider in a Section 14 Application?
When deciding whether to grant a Section 14 application, the Court must be satisfied that:
The defendant has a mental health condition or cognitive impairment, or was suffering from one at the time of the alleged offence; and
It is more appropriate to deal with the matter under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) rather than under criminal law, having regard to:
The nature of the defendant’s mental health impairment and/or cognitive impairment
The nature, seriousness, and circumstances of the alleged offence(s)
The suitability of sentencing options if the defendant is found guilty
Any relevant changes in the defendant’s circumstances since the alleged offence(s)
The defendant’s criminal history
Whether the defendant has previously been the subject of a mental health order
Whether a treatment or support plan has been prepared, and its contents
Whether the defendant is likely to endanger the safety of any member of the public
Any other relevant factors
These considerations help the Court determine whether the public interest is better served by diverting the individual toward treatment and support, rather than proceeding under the criminal law.
What Is a Mental Health Impairment or Cognitive Impairment?
Under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a person may qualify for a Section 14 application if they are diagnosed with a mental health impairment or a cognitive impairment.
Mental Health Impairment
A person has a mental health impairment if they experience a temporary or ongoing disturbance in thought, mood, volition, perception, or memory that:
Is considered significant for clinical diagnostic purposes; and
Impairs their emotional wellbeing, judgment, or behaviour.
This impairment may arise from conditions such as:
Anxiety disorders
Affective disorders (e.g. clinical depression, bipolar disorder)
Psychotic disorders
Substance-induced mental disorders that are not temporary
Cognitive Impairment
A person has a cognitive impairment if they have ongoing difficulties in:
Adaptive functioning, and
Comprehension, reasoning, judgment, learning, or memory
These impairments must result from brain damage, dysfunction, developmental delay, or deterioration, and may arise from conditions such as:
Intellectual disability
Acquired brain injury
Autism spectrum disorder
Dementia
Length of a Section 14 Discharge
A Section 14 discharge can be for a period of up to 12 months. During this time, the defendant may be required to comply with certain conditions imposed by the Court.
If the Court suspects that the defendant has breached any of those conditions, it can:
Order the defendant to appear before the Court
Revoke the Section 14 order
Proceed to deal with the matter under the criminal law
This ensures that while treatment and diversion are prioritised, accountability remains if conditions are not followed.
Will a Section 14 Discharge Show on My Criminal Record?
If a diversion under Section 14 is successful, no conviction will be recorded and no penalty will be imposed. The offence will not appear on your criminal record.
Need Help with a Section 14 Application?
If you or someone you care about is facing criminal charges, they may be eligible for a Section 14 application. Our criminal defence lawyers can guide you through the process.
Contact AMA Legal for a confidential consultation
For a consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.