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Once a person has been charged with an offence, signs of mental illness may be detected at various stages within the criminal justice system. This may occur during police interventions, at the Magistrates Court or in custody. At each point, the Mental Health Act 2000 (Qld) provides for the person to receive a mental health assessment if necessary.
If it is determined that the person is currently unwell and requires immediate involuntary treatment, the Director of Mental Health is notified and processes proceed as for someone already linked to a mental health service on an involuntary basis.
If it is determined that the person has a mental illness and agrees to voluntary treatment by a mental health service, they may be referred to the Mental Health Court, providing an expert report is obtained.
If no mental illness is identified, then the matter proceeds through the usual criminal justice syste processes.
For a diagrammatic explanation of these processes, please refer to Flowchart #2: “Entry into the Queensland forensic mental health system”
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