What is Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)?
Section 14 allows a Local Court to dismiss charges and divert a defendant with a mental health or cognitive impairment away from the criminal justice system. The court can impose treatment conditions or discharge the defendant unconditionally. It replaced the old Section 32 under the 1990 Act.
Am I eligible for a Section 14 application in NSW?
To be eligible, you must have a diagnosed mental health impairment or cognitive impairment, and the court must consider it more appropriate to divert you than to deal with the matter according to law. This is assessed using factors under Section 15 of the Act.
What’s the difference between Section 14 and Section 19 applications?
Section 14 is for diversion of defendants with mental health or cognitive impairments.
Section 19 (formerly Section 33) deals with mentally ill or mentally disordered persons, usually involving short-term hospital detention or care under a responsible person.
Do I have to plead guilty before making a Section 14 application?
No. Section 9 of the Act confirms that the application can be made at any time, even before a plea is entered. This reflects the diversionary, not punitive, nature of the legislation.
What evidence do I need to support a Section 14 application?
Evidence may include:
Psychological or psychiatric reports;
Support or treatment plans;
Evidence of diagnosis and impact on behaviour;
Any prior Section 32 or 14 history.
The court can inform itself “as it thinks fit” under Section 10.
Does the offence need to be caused by the mental illness or impairment?
No. The illness or impairment does not need to have caused the offence, although a link can strengthen the case. The seriousness of the offence is considered but not determinative (DPP v El Mawas [2006] NSWCA 154).
Can I get diversion for traffic offences or strict liability matters?
Yes. Courts have granted diversion even for serious traffic offences such as negligent driving occasioning death (Police v Deng [2008] NSWLC 2). Section 14 is available for a wide range of offences.
Can a psychologist diagnose my condition for the court?
Yes, courts accept diagnoses from clinical or forensic psychologists, particularly when supported by psychometric testing. However, more weight may be given to psychiatrists for complex cases. See Jones v Booth [2019] NSWSC 1066.
Is a treatment plan required for a Section 14 application?
Not always. A treatment or support plan strengthens the application but is not mandatory under the Act. It may be unnecessary where the offence is minor or the condition has already resolved (see Sullivan v DPP [2020] NSWSC 253).
Can the court enforce a Section 14 order?
Yes. The order is enforceable for up to 12 months. If breached, the person can be brought back to court under Sections 16 and 17.
What happens if my Section 14 application is refused?
You can:
Proceed to sentencing;
Run a defended hearing;
Reapply later if circumstances change;
Appeal after sentencing (conviction appeal, not just severity).
Is a Section 14 order a criminal conviction?
No. If successful, the charge is dismissed without conviction, preserving your clean record.
Can I apply for Section 14 in Commonwealth offence cases?
No. Commonwealth matters are dealt with under Section 20BQ of the Crimes Act 1914 (Cth), which is more limited than Section 14.
What support services are available to help with court applications?
Justice Health Court Liaison Service
Justice Advocacy Service (JAS) for cognitive impairment support
New diversionary programs (similar to CIDP) at select NSW courts
Need Help With a Section 14 or 19 Application?
Contact Greenfield Criminal & AVO Defence Lawyers today. We have over 25 years of experience helping clients obtain mental health diversions in the Local Court. Call us on 0422 372 695 or email greenfieldcriminallawyers@gmail.com for a free initial assessment.