MENTAL HEALTH LAWYERS IN SYDNEY

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

In some instances, temporary mental illness can impact criminal liability, allowing an individual to avoid conviction in favour of a mental health plan. Rather than facing standard penalties, the person may be placed on a plan under section 3A of the Crimes (Sentencing Procedure) Act 1999, guided by a trained mental health professional.

For a Magistrate to consider this option, they must be fully informed about the individual’s mental health condition and its connection to the offence. A detailed treatment plan must also be provided, along with an explanation of why the court should exercise discretion not to enter a conviction and address the matter under the Mental Health Act 2007.

This is where a mental health lawyer can make a substantial difference. A skilled lawyer can guide you through the legal process and help make sure that the Magistrate has all the necessary information to make an informed decision regarding your case. 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 mental health-based diversion is sometimes misunderstood as a way to evade criminal consequences, mental health’s role in contributing to certain behaviours is now broadly recognised. Maintaining the integrity of this approach is essential to its continued success, underscoring the importance of skilled representation.

A criminal lawyer with expertise in mental health cases can be the difference between a criminal conviction and a resolution without a criminal record. At Kells, our team understands the nuances of mental health conditions and builds defence strategies that consider these as mitigating factors. We work diligently with the prosecution and the court, presenting medical records and expert testimony to show the link between your mental health condition and the alleged offence. We utilise our extensive experience in mental health defence to ensure a strong and compassionate approach to your case.