Mental Health Court

Mental Health Court overview

The Mental Health Court decides if an accused person was of unsound mind at the time of the offence, unfit for trial (either temporarily or permanently), or had diminished responsibility (for murder charges).

People referred may have current mental illness or intellectual disability, or had these conditions at the time of the offence. Referrals can come from the accused or their lawyer, the Director of Public Prosecutions, the Chief Psychiatrist, or various courts.

You are not required to attend or give evidence in the Mental Health Court however you can attend the hearing if you wish to. The Mental Health Court is located in Brisbane City. If you want to attend but cannot attend in person, you may be able to attend remotely by phone. Please contact your victim liaison officer (VLO) to make arrangements.

Mental Health Court process

The Mental Health Court is separate from the usual criminal courts, such as the Magistrates Court or District Court.  The Mental Health Court process can be lengthy. It may take one to two years to reach an outcome, longer for some matters. In many cases, the charges may already have been progressing through the criminal court before the matter was referred.

The focus of the mental health court is on the mental health of the defendant and not all  material can be disclosed to you due to patient privacy rules.

Your VLO will contact you every six months with an update or when a hearing is listed.

The process:

1. A referral is made and accepted by the Mental Health Court.
2. The matter is allocated to a legal officer and a VLO.
3. The VLO will contact you explain the next steps.
4. A hearing date is set for a judge and two psychiatrists to determine the outcome.
5. The VLO will notify you of the hearing date and final decision.
6. A decision may be provided on the hearing date or at a later time.
7. Your victim impact statement is provided to the judge if the accused is of unsound mind or unfit for trial.

Victims can provide a special victim impact statement tailored to Mental Health Court matters, different from those in other courts.

Mental Health Court outcomes

If the accused is fit for trial, the case returns to the criminal court. If found unsound or permanently unfit, charges may be discontinued and orders such as forensic or treatment support orders imposed. Temporary unfitness may also lead to orders with periodic review.  Forensic orders can includes orders of detention, treatment and medication.

Review of treatment orders

The Mental Health Review Tribunal (MHRT) independently reviews treatment orders from the Mental Health Court, balancing rights and safety. Reviews occur regularly and victims cannot attend hearings.

Queensland Health Victim Support Service

Queensland Health Victim Support Service (QHVSS) offers counseling, advice, court support, and assistance with victim impact statements. Support is available for direct victims, family members and witnesses of Mental Health Court matters. QHVSS has offices in Brisbane, Townsville and Cairns.

You are able to self refer to QHVSS by phoning 1800 208 005 or email victim.support@health.qld.gov.au, or speak with your VLO.

QHVSS can:

• provide counselling during the Mental Health Court process
• advise you on your rights and entitlements
• help you navigate the criminal justice and forensic mental health systems
• offer information and support for the Mental Health Court, including court support
• assist with victim impact statements
• support victims requesting updates on their matter
• refer victims to other support services
• assist in applying for Information Notices to receive updates on MHRT decisions and the accused’s treatment.

Information Notices

Victims can apply via QHVSS for information about offenders who have a mental illness or intellectual disability .

Read the Support for victims fact sheet (PDF 1158 kB) to learn more about information notices under the Mental Health Act 2016.