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Mental Health Diversion

Where a person with mental health or cognitive impairment is charged with a criminal offence that is being dealt with in the Local Court, they can make an application pursuant to section 14 of the Mental Health and Cognitive Impairments Forensic Provisions Act 2020.   

If the application is successful, the person will be diverted from the criminal justice system, usually on the condition that they comply with a treatment plan for a period of up to 12 months.  

A person who is successfully diverted under section 14 will not be found guilty or have a criminal conviction recorded.  

How we can help 

Hanna Legal has extensive experience in making section 14 applications, having appeared in countless such applications (formerly known as section 32 applications) over the past 12+ years.   

Our solicitors can assist you through the entire criminal justice process, from the initial police investigation until the conclusion of your case.  

Key Services 

  • Advising on the process and the relevant law including the Mental Health and Cognitive Impairments Forensic Provisions Act 2020
  • Engaging a psychiatrist or psychologist to prepare a report in support of the application
  • Assisting in the preparation of subjective material in support of the application including letters from the applicant and character referees
  • Appearing as advocates and instructing barristers at the hearing of the application