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What is the Mental Health Court?
What can a Mental Health Court decide?
What happens after the Mental Health Court decision has been reached?
What can victims do?

The Mental Health Court is a superior court which consists of a president of the court and other Supreme Court judges, assisted by two psychiatrists. The psychiatrists' role includes helping the court understand the clinical evidence. The Mental Health Court is usually open to the public but can be closed in special cases or when the person charged is under 18 years.

For further information on the Mental Health Court, go to the following website:  www.courts.qld.gov.au/1346.htm  

The Mental Health Court can make decisions as to whether the person who has been charged with an offence is:

 

DECISION	OUTCOME
of unsound mind at the time of the offence	person may be placed on a forensic order proceedings relating to the offence are discontinued.
not of unsound mind and is fit for trial	proceedings for offence continue in the criminal justice system
fit for trial but there is a dispute of facts	proceedings relating to the offence continue in the criminal justice system
temporarily unfit for trial	person placed on a forensic order proceedings relating to the offence suspended regular review of fitness by the Mental Health Review Tribunal
permanently unfit for trial	person may be placed on a forensic order proceedings relating to the offence are discontinued
in relation to murder, granted a defence of diminished responsibility	proceedings relating to the offence continue in the criminal justice system

 

The Mental Health Court also has the authority to review appeals against decisions made by the Mental Health Review Tribunal (eg whether a person should remain subject to a forensic order ). The Mental Health Court can also approve limited community treatment.

For further information on the Mental Health Court, go to the following website:  www.courts.qld.gov.au/ 

Under the Mental Health Act 2000, the Mental Health Court will refer the case back to the criminal justice system if the person who has been charged with the offence is not of unsound mind and unfit for trial.

The Mental Health Court may make a forensic order if a decision is made that the person who committed the crime is of unsound mind, or not of unsound mind but unfit for trial. In deciding whether to make the order, the court must have regard to the following:

• the seriousness of the offence
• the person’s treatment needs
• the protection of the community

A forensic order must be made by the Mental Health Court if the person is found temporarily unfit for trial.

 

The Mental Health Act 2000 contains provisions which aim to ensure the safety of victims and the community. The Act permits victims to receive relevant information about a mental health patient, which impacts on their safety and well being. This information is obtained through the victim information register, which is managed by the Queensland Health Victim Support Service (QHVSS).  Victims are also able to put their views about the impact of the offence and their ongoing concerns to the Mental Health Court and the Mental Health Review Tribunal.

The QHVSS is a statewide service that provides support and information from the victim information register to victims of offences committed by offenders with a mental illness or an intellectual disability. The service provides assistance to the direct victims of an offence, the parents or guardians of a young victim or a victim who has legal incapacity, family members of a victim, and other people directly harmed by the offence.

The QHVSS can help victims by:

• providing information and support in understanding the forensic mental health system and its processes
  Assisting with access to entitlements, including applications for patient information orders and making statements and submissions to the Mental Health Court and Mental Health Review Tribunal
• providing information to registered victims in relation to classified patient and forensic patient information orders
  Providing counselling, court support and referrals
• raising awareness of the needs of victims with staff of mental health and related services

If you are a victim of crime where the offender has a mental illness you can contact the Queensland Health Victim Support Service on freecall number 1800 205 008 or through their website www.health.qld.gov.au/qhvss

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