The Intersection of Mental Health and Criminal Offending: The Role Mental Health has in Court Proceedings and Outcomes

• CPD Points: 1 [PS] [EW]
• Price: $89.00
• Area: Advocacy; Criminal Law
• Delivered: February 2025

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Description

This session is delivered by Magistrate Reg Marron into the 2025 Criminal Law Conference. In this session Magistrate Marron discusses the mental health of a person appearing on a criminal matter is a matter taken into account by the Court. In what way and to what extent depends on: the nature and level of any mental impairment; the extent to which it affected their behaviour before, at the time of any alleged offending and currently; whether there is any degree of insight; the nature of and engagement with any treatment plan; and a professional prognosis.

Key takeaways

• Mental impairment is rarely eliminated rather it is managed so you need a plan that your client can follow while supported and monitored.
• Not all mental health assessments fall neatly into clearly defined conditions. In determining a mental health plan consider the persons behaviour. 
• Look at their displayed symptoms and don’t hang your hat on labels.
• Have a realistic level of expectation as to your clients ability to have insight as to their condition and their ability to do anything about it.
• Engage with family and friends who are most likely to be not only good sources of information regarding your client but can also often assist in ensuring that the person follows the plan.