Mental Health Applications

Mental Health Applications

Mental Health Applications

We understand mental health law issues are not easy to handle. They inevitably bring stress to friends and family of the mental health patient.

Greenfield Lawyers have a team of lawyers who are reliable, experienced and extremely professional in handling any mental health applications.

Our every endeavour is to bring the best possible and favorable outcome for you. Our legal team will working towards helping maintain and guard your dignity and discretion in the courtroom. For truthful and pragmatic suggestions on mental health applications that requires legal assistance, get in touch with us.

Inquiries under the Mental Health (Forensic Provisions) Act 1990

The Mental Health (Forensic Provisions) Act 1990 provides a mechanism for magistrates to deal with persons with mental health disorders and intellectual disability otherwise than in accordance with law. The provisions only apply to summary offences, or to indictable offences triable summarily. The provisions do not apply to committal proceedings.

At those courts where the service is available, the clinical nurse consultant will provide a report to assist the court’s determination of the matter. Frequently, if there is not a diagnosis of mental illness the nurse may identify an intellectual disability.

Section 32 allows a magistrate to deal with a person under the section if:

[I]t appears to the magistrate … that the defendant is (or was at the time of the alleged commission of the offence to which the proceedings relate):
(i) cognitively impaired, or
(ii) suffering from mental illness, or
(iii) suffering from a mental condition for which treatment is available in mental health facility, but is not a mentally ill person …within the meaning of the Mental Health Act 2007

Mental illness — defined in s 4(1)

“mental illness” means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person and is characterised by the presence in the person of any one or more of the following symptoms:
(a) delusions,
(b) hallucinations,
(c) serious disorder of thought form,
(d) a severe disturbance of mood,
(e) sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms referred to in paragraphs (a)–(d).

Mentally ill persons — defined in s 14

(1) A person is a mentally ill person if the person is suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care, treatment or control of the person is necessary:
(a) for the person’s own protection from serious harm, or
(b) for the protection of others from serious harm.
(2) In considering whether a person is a mentally ill person, the continuing condition of the person, including any likely deterioration in the person’s condition and the likely effects of any such deterioration, are to be taken into account.

Mentally disordered persons — defined in s 15

A person (whether or not the person is suffering from mental illness) is a mentally disordered person if the person’s behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care, treatment or control of the person is necessary:
(a) for the person’s own protection from serious physical harm, or
(b) for the protection of others from serious physical harm.
This category covers persons who are behaving irrationally and are a danger to themselves or to others.

Cognitive impairment – defined in s 32(6) Mental Health (Forensic Provisions) Act 1990

For the purpose of s 32, “cognitive impairment” means ongoing impairment of a person’s comprehension, reasoning, adaptive function, judgment, learning or memory materially affect the ability to function in daily life and is the result of damage to, or dysfunction, developmental delay or deterioration of, the person’s brain or mind. It includes:
(a) intellectual disability,
(b) borderline intellectual functioning,
(c) dementia,
(d) acquired brain injury,
(e) drug or alcohol related brain damage, including foetal alcohol spectrum disorder,
(f) autism spectrum disorder.