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Under the Queensland Criminal Code 1899, if an accused person was unable to comprehend or govern their actions due to a mental illness or disability at the time of an alleged criminal act, they have a complete legal defence against any criminal charges. This defence is set out in section 27 of the Criminal Code 1899. This page deals with the defence of insanity in Queensland. When does the defence of insanity apply? Section 27 of the Criminal Code 1899 states that a person cannot be held responsible for a criminal act or omission if they were affected… Read More
The purpose of the Queensland Mental Health Court, established under the Mental Health Act 2000, is to determine the mental state of individuals who have been charged with criminal offences. It also hears appeals from the Mental Health Review Tribunal and investigates the legality of patients’ detention in mental health facilities. This article focuses on the operations of the Queensland Mental Health Court. What is the Queensland Mental Health Court? The Mental Health Court comprises a Supreme Court judge and two psychiatrists who provide advice to the judges on medical and psychiatric matters. Court proceedings are typically open… Read More