How the Mental Health Court works
The Mental Health Court decides the state of mind of people charged with criminal offences. It determines if an alleged offender may have been mentally ill when the offence occurred, or has an intellectual disability, and whether they are fit to stand trial.
The court also hears:
- appeals from the Mental Health Review Tribunal
- inquiries into the lawfulness of a patient’s detention in authorised mental health facilities.
The court operates in Brisbane and conducts hearings via videoconferencing.
How the Mental Health Court is constituted
The Mental Health Court is made up of Supreme Court judges and is advised by two clinicians drawn from the following panel:
- Dr. M Andrews
- Dr. S Harden
- Dr. F Iqbal
- Dr. A Jenkins
- Dr. E McVie
- Dr. J Phillips
- Dr. H Till
- Dr. E Timmins
- Dr. P van de Hoef
Additionally, assisting clinicians 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 2016.
How criminal cases are referred
A criminal case can be referred to the Mental Health Court by:
- the alleged offender or their legal representative
- the Director of Public Prosecutions
- the Office of the Chief Psychiatrist (if the person is receiving treatment for mental illness or intellectual disability)
- the Director of Forensic Disability
- Supreme Court, District Court, or Magistrates Court
To make a referral, file Form 03 - Reference of person's mental state to the Mental Health Court (PDF, 137.0 KB) or (DOCX, 35.9 KB).
You must also include an expert’s report documenting the defendant’s mental state.
Withdrawing a reference
You can apply to withdraw a reference before the court makes its decision. File Form 09 - Application to withdraw reference (PDF, 223.7 KB) or (DOCX, 33.1 KB) or make an oral submission during the hearing.
The court will decide whether to grant or refuse the application.
Parties to the proceedings
The parties involved in a Mental Health Court hearing include:
- the alleged offender (represented by their legal team)
- the Director of Public Prosecutions (represents the community of Queensland in criminal proceedings)
- the Office of the Chief Psychiatrist.
Victims of crime and their families or associates are not parties to the proceedings. However victims or ‘concerned persons’ can make written submissions to the court through a party to the proceedings.
For appeals from the Mental Health Review Tribunal, the parties include the patient, the Office of the Chief Psychiatrist, and, for forensic patients, the Attorney-General.
Powers of the Mental Health Court
The Mental Health Court has the authority to:
- decide if an alleged offender was of unsound mind when the offence occurred
- determine if the person is fit for trial
- hear appeals from the Mental Health Review Tribunal
- investigate the lawfulness of a patient’s detention in authorised mental health facilities.
Material the court can consider
The court can investigate the link between a person’s mental illness and their alleged offences. It is not bound by the strict rules of evidence used in other courts.
The court can consider:
- police reports
- expert’s reports
- advice from assisting clinicians
- submissions from the Director of Public Prosecutions, the Office of the Chief Psychiatrist, and the alleged offender’s legal team.
Examination orders
The Mental Health Court has the power to make an examination order, which orders a defendant to undergo an examination by nominated a clinician or health practitioner. This may happen if existing reports do not address certain issues.
An examination order may be issued:
- by the Mental Health Court
- following a recommendation from an assisting clinician
- in response to a request from the Director of Public Prosecutions.
The court can also admit defendants to an authorised mental health facility for the examination if needed.
Read more about the types of orders the court can make.
Inquiries into detention
The Mental Health Court can investigate the lawfulness of a person’s detention in an authorised mental health facility.
To apply for an inquiry, file Form 08 - Application for review of a person's detention (PDF, 114.4 KB) or (DOCX, 30.3 KB) and state the reasons for the application.
The court may refuse the application if it believes the matter could be better handled by the Mental Health Review Tribunal or if the application is frivolous or vexatious.
If accepted, the court will appoint a legal or medical practitioner to investigate.
More information
