Mental Health Court
The Mental Health Court decides the state of mind of people charged with criminal offences.
A criminal case can be referred to the Mental Health Court if it is believed that the alleged offender:
- is mentally ill
- was mentally ill
- has an intellectual disability; and
- at the relevant time was deprived of a relevant capacity (Criminal Code Act 1899, s. 27).
The court will decide if the alleged offender was of unsound mind when they committed the offence.
The court also hears appeals from the Mental Health Review Tribunal and inquires into the lawfulness of patients’ detention in authorised mental health facilities.
The court is constituted by Judges of the Supreme Court of Queensland.
The court is advised by two assisting psychiatrists drawn from the following panel.
Adjunct Professor J M Lawrence
Associate Professor F T Varghese
Dr E N McVie
Dr J N Chalk
Dr A S Davison
Dr J J Sundin
Dr M L Khoo
Assisting psychiatrists advise the court on the meaning and significance of clinical evidence and issues relating to the treatment and detention needs of people under the Mental Health Act 2000.
The following legislation may assist you:
- Mental Health Act 2000
- Health and Other Legislation Amendment Act 2007
- Mental Health and Other Legislation Amendment Act 2007
- Criminal Code Act 1899
The following practice notes may assist you:
|2002/02||15/03/2002||Proclamations in the Mental Health Court|
|2002/04||08/04/2002||Email communication with the registry|
|2002/05||15/04/2002||Court proceeding numbers|
|2002/06||15/04/2002||Documents filed in the Mental Health Court|
|2003/01||30/07/2003||Applications to withdraw references|
|2003/02||16/10/2003||Amendment of references - Notice of appeal, applications|
|2004/01||27/07/2004||Subpoenas to produce documents|
|2005/01||12/10/2005||Publication of reports and decisions relating to appeals against decisions of the Mental Health Review Tribunal|