A Section 14 mental health diversion application in New South Wales (NSW) is a legal process under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

It allows the court to divert a person charged with a criminal offence away from the criminal justice system and into the care of a responsible person for treatment of their mental health or cognitive impairment.

Key Points:

1. Eligibility: The defendant must have a mental health impairment or cognitive impairment at the time of the alleged offence.

2. Application: The application can be made in the Local Court, even if the defendant pleads not guilty.

3. Outcomes: If successful, the charges may be dismissed, and the defendant may be discharged unconditionally or into the custody of a responsible person for treatment.

4. Documentation: The court requires a forensic psychological/psychiatric report, a detailed treatment plan, and a letter from a responsible person confirming supervision.

This process aims to ensure that offenders receive appropriate treatment to manage their conditions and reduce the likelihood of reoffending.

Preparing an application usually involves a clinical assessment. Our lawyers can advise you on the availability of a diversion application, the prospects and guide you though the process.