How the Mental Health Court works
The Mental Health Court is governed by the Mental Health Act 2016 (Qld).
The Mental Health Court decides whether a person who has been charged with a serious offence (known as a defendant) was either: (a) of unsound mind at the time of the commission of the offence or (b) unfit for trial.
The answer to either of those questions depends on the evidence of relevant experts, such a psychiatrist or a psychologist.
The Mental Health Court only makes the decisions in (a) or (b) if the matter of the defendant’s mental state has been referred to it.
If the Mental Health Court decides that a defendant was of unsound mind when the offence was committed, or is unfit for a trial, then criminal proceedings for the offence end. Then, the Mental Health Court goes on to decide how to manage the defendant into the future, and in particular, whether they should be required to receive mental health treatment or disability care in a mental health facility as an inpatient; in the forensic disability service; or in the community.
The Mental Health Court also hears:
- appeals from decisions of the Mental Health Review Tribunal
- (rarely) inquiries into the lawfulness of a patient’s detention in an authorised mental health facility.
The court sits in Brisbane.
How the Mental Health Court is constituted
The Mental Health Court is made up of a Supreme Court judge, who is advised by two expert doctors 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
How criminal cases are referred
The matter of the mental state of a person charged with a serious criminal offence (the defendant) may be referred to the Mental Health Court by:
- the defendant or their legal representative
- the Director of Public Prosecutions
- the Chief Psychiatrist
- the Director of Forensic Disability
- a judge of the 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).
The referral must include a report from an appropriately qualified expert which is relevant to the matters the Mental Health Court is to determine.
Parties to the proceedings
The usual parties involved in a Mental Health Court hearing are:
- the defendant (who may be represented by a lawyer)
- the Director of Public Prosecutions (who prosecutes on behalf of the Crown in criminal proceedings)
- the Chief Psychiatrist, who is responsible for the administration of mental health services in Queensland.
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 Chief Psychiatrist, and, for forensic patients, the Attorney-General.
Material the court can consider
The Mental Health Court conducts an inquiry into matters referred to it. It is not necessarily bound by the rules of evidence which apply in other courts.
The court may consider all relevant material including:
- the brief of evidence prepared by the police
- relevant expert’s reports
- submissions from the Director of Public Prosecutions, the Office of the Chief Psychiatrist, and the defendant or their legal representative.
Examination orders
The Mental Health Court has the power to make an examination order, which requires a defendant to submit to an examination by an independent expert.
The court can order that a defendant be admitted to an authorised mental health facility (such as a hospital) for the examination if needed.
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.
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