Under the Queensland justice system a person is presumed innocent until proven guilty. This is why a person's offences may be referred to as 'alleged offences'. A person charged with a criminal offence must be brought before a Magistrates Court as soon as possible after a charge is laid.
The magistrate, who presides over the court, decides:
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if there is enough evidence to warrant the charges proceeding
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in which court the case will be heard
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the appropriate penalty if the person pleads guilty
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whether the person will receive bail or be remanded in custody.
For further information on criminal offences and the court system, go to www.justice.qld.gov.au
How does someone charged with an offence get referred to a mental health service?
When a person has to appear before the magistrate and it is suspected they may have a mental illness, they may be referred to a mental health service for a mental health assessment through the following processes:
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the Magistrates Court in some areas has access to a Court Liaison Officer who may make an initial assessment of the person and decide if further assessment at a mental health service is required
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the magistrate may refer the person directly to a mental health service for an assessment under the Mental Health Act 2000
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if someone is already in custody and they have a mental illness that requires inpatient treatment, a referral may be made to a mental health service under the classified provisions of the Mental Health Act 2000.
For further information on the Mental Health Act 2000 go to www.health.qld.gov.au/mha2000
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