 |
The common law defence of insanity reported in English cases as early as the 19th century was adopted in the Queensland Criminal Code over one hundred years ago. The Mental Health Act 2000 which is based on model mental health legislation incorporates this criminal law concept based on the notion that persons found of unsound mind or unfit for trial, should not be subjected to punishment.
The Mental Health Court can make decisions about whether a person was affected by mental illness at the time of an offence and whether they have a mental health defence. That is, the Mental Health Court can decide if a person:
Other languages