experienced criminal lawyer, as there are means of having charges dismissed under the Mental Health Act 2016 ('MHA'). Different courts work in different ways More serious offences generally need to be heard in the District or Supreme Court and where there are mental health issues involved, they are referred to the Mental Health Court.. Every duty lawyer should be aware of provisions in the MHA and Criminal Code Act 1889 (Qld) relating to the defence of unsoundness of mind, the partial defence of diminished responsibility (only applicable if the charge is murder) and. 2 See United Nations Principles for the Protection of Persons with Mental Illness and for the Improvement of.

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Legal Hotline. Open 7am - Midnight, 7 DaysCall 1300 038 223. Whether you are the respondent, or an aggrieved party (being the person protected under the order) there are things you can do to have the DVO removed.. The Mental Health Court decides the state of mind of people charged with criminal offences. The court decides whether an alleged offender was of unsound mind when they committed an offence and whether they are fit for trial. The court also hears appeals from the Mental Health Review Tribunal and inquiries into the lawfulness of a patient's.