If you have a mental health condition or a cognitive impairment, the Local Court may be able to dismiss your charges and connect you with treatment instead of punishing you. This is done through a “Section 14” application. Many people with anxiety, depression, PTSD, ADHD, autism, intellectual disability or other conditions qualify, but the application must be properly prepared. Call Robert Kaufmann on 1300 276 529 for a free initial consultation with an Accredited Specialist in Criminal Law.
Section 14 lawyer in Sydney
Robert Kaufmann has practised criminal law in NSW for over 23 years. For 17 of those years he has been an Accredited Specialist in Criminal Law, recognised by the Law Society of NSW. He regularly makes mental health applications, and works with psychologists and psychiatrists to prepare the reports and treatment plans the court needs.
What is a Section 14 application?
Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (which replaced the old “Section 32”) lets a magistrate dismiss charges for a defendant who has, or had at the time of the offence, a mental health impairment or a cognitive impairment, where dealing with them under the mental health provisions is more appropriate than dealing with them in the usual way.
If the application succeeds, the charge is dismissed and no conviction is recorded. The magistrate can:
- discharge you into the care of a responsible person, with or without conditions
- discharge you on condition that you attend a treatment provider or follow a treatment plan
- discharge you unconditionally.
What the court considers
The magistrate looks at the evidence of your condition, the seriousness of the offence, whether a treatment plan is in place, and whether treatment is a better way to protect the community than punishment. Strong applications usually include:
- a report from a psychologist or psychiatrist linking your condition to your circumstances
- a clear, realistic treatment plan
- evidence of the treatment you have already started.
Which charges can it apply to?
Section 14 applies to charges dealt with in the Local Court, which includes many assault, drug, theft, driving and AVO breach matters. It can be used for quite serious offences, although the more serious the charge, the harder the application. For some people, a Section 14 application can also be made at the start of proceedings, before entering a plea.
Mental health and other options
Where a Section 14 application is not suitable, a mental health condition is still very relevant to sentencing. It can reduce the sentence or support a non-custodial outcome. We make sure the court has the full picture.
Courts we appear in
We make Section 14 applications in Local Courts across Sydney and NSW, including Parramatta, Sydney (Downing Centre), Burwood, Bankstown, Blacktown, Penrith, Liverpool, Campbelltown, Sutherland, Newtown, Waverley and Hornsby.
Section 14 FAQs
Do I need a formal diagnosis?
Not necessarily a long-standing one, but you need expert evidence, usually a report from a psychologist or psychiatrist. We can help arrange this.
Does a Section 14 dismissal mean I have no criminal record?
No conviction is recorded. The charge is dismissed under the mental health provisions.
What happens if I do not follow the treatment plan?
If you are discharged on conditions and do not comply within the relevant period, you can be brought back before the court and dealt with for the original charge.
Speak to a lawyer about a Section 14 application
Call Robert Kaufmann on 1300 276 529 for a free initial consultation, book a phone consultation online, or send an enquiry through our contact form.
This page is general information about NSW law and is not legal advice. Every case depends on its own facts.