A Section 14 order is issued under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). It allows a magistrate to dismiss a criminal charge against a defendant who is found to have a mental health or cognitive impairment. The dismissal may be unconditional or may include specific conditions, such as participation in a treatment or support program.

What is the Purpose of the Application?

The key objective of a Section 14 order is to divert individuals with mental health conditions or cognitive impairments away from the traditional criminal justice process. Rather than focusing on punishment, the order emphasises treatment, support, and rehabilitation.

What are the Eligibility Requirements?

To qualify for a Section 14 order, the defendant must be diagnosed with a mental health or cognitive impairment. This includes conditions such as depression, anxiety, psychotic disorders, or cognitive issues like memory loss or intellectual disabilities.

Applications for a Section 14 order are typically made in the Local Court. In making its decision, the court considers the nature of the offence, the defendant’s mental health or cognitive condition, and whether diversion through Section 14 is an appropriate and effective alternative.

What is the Outcome of a Successful Application?

When a Section 14 order is granted, the defendant is discharged without a conviction. The court may release the individual into the care of a responsible person or impose certain requirements, such as adherence to a treatment or support plan. The court may impose conditions on the order, such as mandatory participation in mental health assessments, treatments, or support services. The defendant must consent to comply with these conditions.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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