A section in the mental health laws allows a Court, when it is dealing with someone charged with criminal offences, to not convict at all and instead order the offender to comply with a mental health treatment plan.


Whether or not a Court is prepared to do this is ultimately up to the decision of the Judge or Magistrate.


The mere fact that a person suffers from a mental health disorder at the time they committed a criminal offence is not enough by itself to convince a Court to exercise this discretion.


If you or someone you know has committed a criminal offence whilst effected by mental health issues they should seek legal advice as they may be entitled to have a Court exercise this sort of discretion in their favour.