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These explanatory notes relate to common terms specific to Queensland that are used throughout the website and associated documents.
In an adversarial system, the parties each present their own case and decide what witnesses to call and what evidence to put before the court. The role of the judge then is as an adjudicator.
Comprises community based and inpatient mental health facilities in Queensland declared by the Director of Mental Health to be an authorised mental health service.
A person who has been admitted to a mental health service for inpatient treatment from a court or place of custody.
Comprises entities involved in apprehending, prosecuting, defending, sentencing, and jailing those involved in crimes, including courts of law, police and corrective services.
Means the state of abnormality of mind described in the Criminal Code, section 304A. The defence may only be raised when a person is charged with murder. If the court determines that a person should be afforded the defence of 'diminished responsibility', the charge is reduced from murder to manslaughter. Provided that the person is fit for trial, then the charges will proceed through the normal court process. The degree of mental impairment required for a defence of diminished responsibility is less than is required for a finding of unsound mind.
The statutory officer appointed by the Governor in Council, responsible on a statewide basis for, among other things, to the extent it is reasonably practicable, ensuring the involuntary admission, assessment and treatment of involuntary patients complies with the Mental Health Act 2000.The Director's functions and powers are set out in Chapter 13 of the Act.
An independent statutory officer, which means the position is created under law to be separate from the government. The Director of Public Prosecutions makes decisions on whether or not to prosecute someone for an alleged criminal offence.The Office of the Director of Public Prosecutions appears in the Mental Health Court and represents the Attorney-General in the Mental Health Review Tribunal.
Means that a person is fit to plead at the person's trial and to instruct counsel and endure the person's trial, with serious adverse consequences to the person's mental condition unlikely.
Refers to a connection or relationship between the courts or justice system and a mental health condition or matter.
This system consists of components of the health system and the justice system, which respond to people with a mental illness who have been charged with an indictable offence. It includes:
An order made by the Mental Health Court if the court decides a person was of unsound mind at the time of the offence, or that the person is permanently unfit for trial. This order authorises a person's detention in an authorised mental health service for involuntary treatment and care. A forensic order can only be revoked by the Mental Health Review Tribunal. However, a forensic order can also be revoked by the Mental Health Court on appeal against a Tribunal decision.
A person who is, or is liable to be, detained in an authorised mental health service under a forensic order.
Indictable offences are usually more serious offences, which in general have maximum penalties exceeding two years' jail. The defendant is usually first brought before a magistrate for a 'committal' hearing to decide whether there is enough evidence to commit the defendant for trial. If there is, the defendant may be committed for trial by jury in the District or Supreme Court by the magistrate (that is, sitting alone without a jury), or referred to the Mental Health Court.
Simple offences are also heard by way of summary trial (by the magistrate alone), with no preliminary hearing. Generally, a penalty of no greater than two years' imprisonment is prescribed if the offence is to be tried this way. Under Queensland law, offences that are not otherwise designated are simple offences.
Involuntary assessment determines if a person requires treatment of mental illness. An authorised doctor makes the assessment.
A person who is, or is liable to be, detained in an authorised mental health service for assessment; or for whom an involuntary treatment order is in force; or who is a classified patient or forensic patient.patient.
An order under the Mental Health Act 2000 which allows a person to be involuntarily treated in a mental health service.
Limited community treatment (LCT) (a form of leave) means undertaking some treatment or rehabilitation in the community. LCT may only be ordered or approved by the Mental Health Court when making a forensic order or by the Mental Health Review Tribunal (the Tribunal) when reviewing the order. The level of LCT approved is the maximum level that can be accessed by the patient. Once LCT is approved by the Mental Health Court or the Tribunal, an authorised doctor may, under the patient's treatment plan, authorise LCT for the patient.
LCT usually occurs in a graduated manner. If appropriate, a patient may initially be allowed escorted LCT on the grounds of the authorised mental health service, followed by escorted and unescorted leave outside the grounds. Many patients are eventually able to return to live in the community where they remain on LCT as long as they are subject to a forensic order.
A plan required before the patient can access limited community treatment. The plan is completed by the doctor and details the amount and type of community treatment that the person can access.
A court at the first level of the Queensland court system. Most criminal cases are first heard, in some form, in this court.
The Mental Health Act 2000 provides for the involuntary assessment and treatment, and the protection, of persons who have mental illnesses while at the same time-
(a) safeguarding their rights and freedoms; and
(b) balancing their rights and freedoms with the rights and freedoms of other persons.
An independent body specific to Queensland, which conducts regular reviews of involuntary patients comprises the President and other members including lawyers, psychiatrists and other people with relevant mental health experience.
An independent statutory body established under the Mental Health Act 2000. The MHRT's role is to review persons subject to the Act to ensure the involuntary processes are appropriately applied.
A court established under the Mental Health Act 2000 which conducts an inquiry to determine whether an accused person is fit to stand trial or was of unsound mind at the time of an offence or, if the charge is murder, whether the person was of diminished responsibility. The court also decides appeals against decisions of the Mental Health Review Tribunal and may investigate the detention of patients in authorised mental health services in Queensland. It comprises the president of the court and other Supreme Court judges who are assisted by two psychiatrists.
When an involuntary patient has been charged with an offence, a mental health examination must be completed by a psychiatrist. The psychiatrist will ask extensive questions relating to the person's psychiatric history and their current mental state. The psychiatrist will also consider police material relating to the applicable offence and makes recommendations in a report to the Director of Mental Health.
A person with a mental illness who receives treatment from a mental health service is often called a 'patient'. The term 'patient' does not necessarily mean that the person is being treated in a hospital. People with a mental illness receiving treatment from a mental health service, whether in hospital or in the community, sometimes prefer the term 'consumer'. The 'Understanding the Queensland Forensic Mental Health System' site will often use the term 'person' instead of 'patient' or 'consumer' for the purpose of reducing the confusion in terminology.
A person on a forensic order who has been found of unsound mind or not fit for trial in relation to the most serious offences. These offences include murder or manslaughter, attempted murder, rape, assault with intent to rape and dangerous driving which results in the death of another person. The purpose of this category is to enable a higher level of scrutiny and monitoring to protect the interests of the person, victims and the community.
A person is 'unfit for trial' if they do not meet the criteria for being 'fit for trial'. The Mental Health Act 2000 defines 'fit for trial' as meaning that a person is fit to plead at the person's trial and to instruct counsel and endure the person's trial, with serious adverse consequences to the person's mental condition unlikely.
The state of mental disease or natural mental infirmity described in the Criminal Code, section 27. It does not include a state of mind resulting from intentional intoxication with alcohol or other substance use at or about the time of the alleged offence.
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