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At BRRT we know that many people who come into contact with the police and the criminal justice system have underlying mental health issues. Where such people are charged with criminal offences, there are provisions in law which allow a magistrate to dismiss the charges and divert the person away from the criminal justice system into appropriate medical treatment. This is known as a Section 32 application.
BRRT solicitor Karen Weeks is an acknowledged authority on s.32 applications. In May 2010 Karen's paper on s. 32 applications was published in the Law Society Journal. Here's a link to it:
K Weeks Law Soc Journal May 2010.pdf
Karen's paper provides a detailed discussion on mental health generally, the "do's and don'ts" of an application under section 32 Mental Health (Forensic Provisions) Act 1990 and what is required if a section 32 application is to be successful.
Karen was recently introduced by the head of NSW Legal Aid's criminal law division at a legal seminar at which she was speaking, as "the resident expert on s.32 applications". Her reputation in this difficult area of criminal law is substantial and growing. Karen is frequently consulted by other lawyers and psychologists who acknowledge her expertise in this field.
Karen has been successful on many occasions in obtaining section 32 orders for clients who have suffered from a variety of mental disorders and cognitive impairments, including ADD/ADHD, Anxiety, Depression, Post Traumatic Stress Disorder (PTSD), Borderline Personality Disorder and Bipolar Disorder. The charges she has had dismissed under s.32 include traffic offences (eg: drink driving), public order offences, drug offences, dishonesty offences and offences of violence. Section 32 applications can be made in the Local Court and Children's Court at any stage of the proceedings and whether a plea has been entered or not. A good expert's report is essential. Karen can assist with these applications and can direct clients to appropriate expert medical practitioners.
"Having someone fully assessed, diagnosed accurately and treated correctly ensures not only the future mental health of the person but minimises the risk of them coming into contact with the criminal justice system again" Karen says. "Contact with the criminal justice system is often a catalyst for change. Unfortunately, the police, solicitors and the courts can often overlook an underlying mental health issue even where it is directly relevant to the offence charged".
Contact Karen directly if you have any questions about section 32 applications on 02 9542-3255 or email karen: karen@brrt.net.au
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