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Mental health is a significant factor affecting criminal law and the way a person is dealt with by the courts.

Criminal liability and responsibility can be explained in certain situations by temporary mental illness. This means that an individual could avoid a criminal conviction and be subject to a mental health plan as set out by a trained professional as opposed to punishment by the courts in accordance with section 3A Crimes (Sentencing Procedure) Act 1999.

For a Magistrate to make such a decision they need to be properly informed on the individual's mental health condition and how it relates to the offence. They need to be made fully aware of an effective treatment plan and how and why it is preferable to exercise their discretion not to enter a conviction and finalise the matter under the Mental Health Act 2007.

This is why you need an experienced solicitor to guide you through the process and who is also able to provide a magistrate with the necessary information they need to make such a ruling. This experience is extremely specialised and comes through knowledge of the underlying issues and how they can be best managed to ensure the court's concerns are satisfied.

While diversion under mental is often seen as a “weak excuse” to avoid criminal punishment and is often abused, society is now widely accepting that mental health is a significant factor contributing to otherwise lawful individuals and behaviours. It is imperative to the ongoing success of this diversionary scheme that the integrity of such a scheme is upheld to the highest of standards.

Enlisting the services of a criminal lawyer with expertise in handling mental health-based cases can be the difference between a criminal conviction and a resolution with no criminal record. They can understand the details of your mental health condition and develop a defence strategy that considers it as a mitigating factor. They also know how to effectively communicate with the prosecution and court to advocate for your unique circumstances and present compelling evidence, such as medical records and expert testimony, to demonstrate the relationship between your mental health condition and the alleged offence. The team at Kells are experts in handling mental health criminal defence cases.