Mental Health Applications
What is a section 14 application?
- Section 14MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 (Mental Health Act) empowers the Local Court to dismiss Criminal charges against a Defendant and discharge the Defendant:
- Into the care of a responsible person, unconditionally or subject to conditions, or
- On the condition that the defendant attend on a person or at a place specified by the Magistrate for assessment, treatment or the provision of support for the defendant's mental health impairment or cognitive impairment, or
- Unconditionally.
- The penalty for this offence is a fine of up to 2,200.00 or imprisonment for a term of 2 years.
What does the Court consider?
The Courts consider:
- Whether the Defendant is suffering from a mental health impairment and/or cognitive impairment, and
- Whether it would be more appropriate to deal with the Defendant under the Mental Health Act or Criminal law.
What is Mental Health Impairment?
- For the purposes of the Mental Health Act, A person has a mental health impairment if—
- has any such property in his or her custody, or
- knowingly has any such property in the custody of another person,
- knowingly has any such property in a house, building, lodging, apartment, field, or other place, whether belonging to or occupied by himself or herself or not, and whether such property is there had or placed for his or her own use, or the use of another.
- The essence of the concept of possession in law is that, at the relevant time, the accused intentionally has control over the object in question.
- It is not necessary for the accused to have something in their hand, pocket, wallet, or purse before the law says that they have it in their possession. Further, the accused does not need to own something in order to possess it. The accused can possess something temporarily, or for some limited purpose.
Supply prohibited drug
- Section 25 Drug Misuse and Trafficking Act 1985 creates the offences relating to supply of prohibited drugs.
- Section 25A Drug Misuse and Trafficking Act 1985 creates the offences relating to supply of prohibited drugs.
- Section 29 Drug Misuse and Trafficking Act 1985 creates a deemed supply offence where the accused is has possession of prohibited drug which is not less than the traffickable quantity of the prohibited drug.
The above should not be treated as legal advice but general information and if you have been charged with a criminal offence, you should seek legal advice.
To obtain advice on your RIGHTS, call AMA Legal on (02) 8610 3764 or 0431 630 158.