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When someone is already linked to public mental health services on an involuntary basis under the Mental Health Act 2000 the following processes occur.
The forensic processes usually begin when a patient on an involuntary treatment order or forensic order is charged with an offence. In this instance, the Director of Mental Health is notified and the legal proceedings are suspended.
The Director of Mental Health will request a mental health examination and report from the patient's treating psychiatrist. This report is sent to the Director of Mental Health within 21 days.
When the Director of Mental Health receives the psychiatrist's report, the Director must refer the matter to either the Director of Public Prosecutions or the Mental Health Court for a decision about the charges.
If the person is already being treated by a public mental health service, their treatment will continue. This would include regular reviews of the person's mental well being and safety in the community.
When an involuntary patient has been charged with an offence, a mental health examination must be completed by a psychiatrist. The psychiatrist will ask questions relating to the person's psychiatric history and their current mental state. The psychiatrist will also read the police reports and will make recommendations in his/her own report to the Director of Mental Health.
These recommendations will take into consideration as to whether the person:
The Director of Mental Health refers matters to the Director of Public Prosecutions if the charge is:
The Director of Public Prosecutions can decide that:
The person can continue to receive treatment under an involuntary treatment order or forensic order.
The Director of Mental Health may refer the matter to the Mental Health Court. Please refer to the section on the Mental Health Court for further information on this process.
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