Avoid a criminal conviction on the grounds of mental illness (s.33 Application)

If you can be classified as ‘mentally ill’ as defined by the Mental Health Act 1990 then you will not be eligible to make a Section 14 application. In cases where your mental health problem is considered to be serious enough for there to be a high probability that you may harm yourself or others then you would need to make a Section 33 application.

If the Section 33 application is successful then the Magistrate will order you to attend a psychiatric unit or hospital for further assessment. After that assessment, you either become an involuntary patient or if two doctors decide that you are not mentally ill according to the Mental Health Act 2007 (NSW) you will be sent back to the Local Court to re-appear before a magistrate.

If you have been charged with an offence and you have (or had at the time of the offence) a mental health problem or serious mental illness then it is essential to get advice from a lawyer who can prepare either a Section 14 or Section 33 application on your behalf.

North Shore Criminal Law has years of experience helping people whose mental health has been a contributing factor in an alleged criminal matter and have made very many successful applications to the Court. The Courts recognise that it is often appropriate for the mentally disadvantaged of our community to receive treatment instead of punishment.

North Shore Criminal Law is available on our Emergency Service 24/7 on 0400 44 6424 or (02) 9955 2298 during office hours. The first telephone consultation you have with us is free. During this call we will advise you of your next steps, if it is appropriate for you to make a Section 33 application.