From the moment a person with a mental illness or intellectual disability is first interviewed by police, specific procedures, laws and human rights obligations apply. The defence of mental impairment should always be considered, but important legal factors must be considered. Assistance for going to court should be planned ahead, and consideration of criminal justice diversion programs, and the specialist Assessment and Referral Court that can provide psychological assessment and referral to welfare, health, mental health, disability, housing services, and/or to drug and alcohol treatment. More sentencing options are available and supervision and leave orders for forensic patients.
This section includes the following topics:
- At court
- Fitness to stand trial and the defence of mental impairment
- Custodial and other supervision orders
- Infringements and special circumstances
- More information
The law in this chapter is current as at 30 June 2018.
A PDF of this chapter from The Law Handbook 2020 can be purchased for only $5.50. To purchase, click here.