MENTAL HEALTH LAWYERS IN HAWKESBURY

Mental health can play a significant role in criminal cases, influencing how courts handle an individual facing charges.

In some cases, temporary or ongoing mental illness may reduce criminal liability, allowing for alternatives to conviction. Instead of receiving a standard penalty, an individual may be placed on a treatment plan under section 3A of the Crimes (Sentencing Procedure) Act 1999, overseen by a qualified mental health professional.

For a Magistrate to consider this, they must have a clear understanding of the individual's mental health condition and how it relates to the offence. A well-documented treatment plan must also be submitted, explaining why the matter should be managed under the Mental Health Act 2007 rather than through a criminal conviction.

This is where legal representation comes in handy. A criminal lawyer with expertise in mental health defence can guide you through this process and provide the court with the necessary evidence and arguments to support an alternative resolution. This area of law requires specialised knowledge, so having an experienced lawyer can have a huge impact on the outcome.

Mental health is sometimes misunderstood as a way to avoid criminal responsibility. However, courts now widely recognise how mental illness can contribute to certain behaviours. Presenting a strong legal argument that connects a mental health condition to an offence requires a detailed understanding of the law and medical evidence, which is why expert legal representation is essential.

A criminal lawyer with experience in mental health cases can mean the difference between a conviction and an alternative resolution that avoids a criminal record.

At Kells, our legal team builds defence strategies that consider mental health as a mitigating factor. We work closely with the prosecution and the court, presenting medical records, expert testimony, and other evidence to demonstrate the connection between the condition and the offence. With years of experience handling mental health defences, we focus on achieving an outcome that supports both legal fairness and rehabilitation.