Mental Health Diversion List
Magistrates Court (Hobart)
The Magistrates Court commenced a new Mental Health Diversion List in the Hobart Magistrates Court on 24 May 2007 onwards.
Mental health courts already operate in the criminal jurisdiction in a majority of Australian Magistrates Courts, particularly Victoria, New South Wales, Queensland and South Australia. The experience of those courts has been taken into account in designing this pilot.
The pilot is an example of the Court revising its business processes to deliver better services to one special category of offenders, in this case by running a specific court list. It is being run using existing resources.
The Mental Health Diversion List is intended to deliver a more therapeutic response to offending behaviour by defendants with mental health issues. These defendants offend usually in a nuisance type way i.e. shoplifting, disorderly conduct and the like and they have always been dealt with in the general lists where there is little time to consider the reasons for their offending. They are usually repeat offenders. They present some problems in sentencing as they often have no money with which to pay a fine, and their offences are not serious enough for gaol or community service orders.
Eligibility for participation in the MHDL is limited to adult defendants with impaired intellectual or mental functioning as a result of a mental illness (as defined in the Mental Health Act 1996 ).
Referrals to the MHD List can come from the defendants themselves, family members, other magistrates, and lawyers acting for the defendant.
The Mental Health Diversion List will only be available where the defendant is charged with a summary offence, or an indictable offence triable summarily, and excludes: -
- young offenders under 18 years of age at the date of offence;
- sexual offences;
- family violence offences ; and
- offences that attract a mandatory drivers licence disqualification penalty
Defendants with existing mental health issues that would ground an insanity defence under s.16 of the Criminal Code, or an argument about fitness to plead under the Criminal Justice (Mental Impairment) Act 1999, are ineligible for referral to the Mental Health Diversion List. Such issues will be dealt with in the normal court lists.
Special procedures will apply in the MHDL Court involving :
- an acknowledgement of guilt/admission of responsibility for the offence by the offender;
- referral for initial assessment by forensic mental health psychiatric nurses at the Court;
- development of a more detailed Treatment Plan for the offender involving therapy in the community; and
- regular supervision of the offender by the Court whilst undertaking further assessment and treatment in the mental health sector.
Court supervision of offenders will occur approximately once per month involving the Magistrate, the prosecutor, defence lawyers, the offender, forensic mental health officers and other Agency representatives as required.
The MHDL will adopt a multi-disciplinary strategy that can include a range of activities relating to an offenders behaviour, health (medication), housing, and employment in a bid to break the cycle of offending behaviour.
After an initial screening assessment, individuals or agencies that may be involved in providing information for inclusion in the defendants Treatment Plan include:
- medical practitioners (GPs)
- family members
- Mental Health and Disability Services (DHHS)
- Hospital & Ambulance Services (DHHS)
- Police, Justice and Correctional Agencies
- Mental Health Tribunal
- Alcohol & Drug Services (DHHS)
- Guardianship Board; and
- psychologists and counsellors.
The MHDL is a response to an increasing number of offenders appearing before the Court suffering from a range of mental illnesses. There are currently in Hobart on average approximately 500 defendants who are referred by the Court to Forensic Mental Health Court Liaison Officers each year for assessment.
Factors contributing to this high incidence include:
- de-institutionalisation of mentally ill people;
- an increase in use of drugs and alcohol by people with mental illness; and
- the limited capacity of community based mental health services to address the needs of mentally ill offenders.
More information is available on the Magistrates Court website at:
www.magistratescourt.tas.gov.au/divisions/criminal__and__general/mental_health_diversion