How are matters referred to the Mental Health Court?
A matter may be referred to the Mental Health Court by the person charged or their legal representative, the Attorney-General, the Director of Public Prosecutions or the Director of Mental Health. The reference may relate to a person with a mental illness or a person with an intellectual disability. What does the Mental Health Court decide? The Mental Health Court usually makes decisions in relation to indictable offences; however, simple offences can also be determined if the person is charged with both. The Court decides: • whether the person was of unsound mind in relation to the offence (ie. not criminally responsible) • whether the person is currently fit for trial and, if the person is unfit for trial, whether the unfitness is of a permanent nature. The Court cannot make a decision about unsoundness of mind if the facts relating to the offence are in dispute. What happens if the person is found fit for trial? If the person is found fit for trial, the proceedings are continued. Th
