What Is a Section 14 Application?
A section 14 application seeks a Magistrate to dismiss a charge, with it instead diverted away from the criminal justice system. If granted, you will receive no conviction, penalty, or criminal record, and can also avoid any finding of guilt upon a charge. Section 14 only applies to matters dealt with in the Local Court. The different types of orders a Magistrate can make under section 14 include the court making an order to dismiss the charge and discharge the defendant:
Unconditionally,
Into the care of a responsible person (unconditionally or subject to conditions), or
On the condition that the defendant attends a specific person or place for assessment, treatment, or the provision of support for their mental health or cognitive impairment.
A ‘responsible person’ may be a mental health professional, such as a treating psychologist or psychiatrist. It can also be an agency (i.e., a rehabilitation clinic), as well as a counsellor, carer, or even a family member in some cases. The responsible person must be aware of the conditions and consent to overseeing the order.
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Who Can Apply for a Section 14 Order?
To be eligible for a section 14, it must first be established that you have or had at the time of the alleged offending a ‘mental health impairment’ or ‘cognitive impairment’.
A mental health impairment may arise from a disorder such as an anxiety disorder, a psychotic disorder, an affective disorder (i.e., clinical depression or bipolar disorder), or a substance-induced disorder that is not temporary.
However, a defendant does not have a mental health impairment if it is caused solely by the temporary effect of ingesting a substance or a substance-use disorder.
It is defined that a person has a mental health impairment if they have a temporary or ongoing disturbance of thought, mood, volition, perception or memory, and the disturbance would be regarded as significant for clinical diagnostic purposes. The disturbance must impair the emotional wellbeing, judgment or behaviour of the person.
A cognitive impairment may arise from conditions such as dementia, an intellectual disability, an acquired brain injury, drug or alcohol induced brain damage or autism spectrum disorder.
It is defined that a person has a cognitive impairment if they have an ongoing impairment in adaptive functioning, an ongoing impairment in comprehension, reason, judgment, learning or memory, and the impairments result from damage to or dysfunction, developmental delay or deterioration of the person’s brain or mind.
Diagnosis must be supported by documentation, including a report from a Psychologist or Psychiatrist. These reports should contain a treatment plan that outlines what a defendant should undertake to address their mental health or cognitive issues, which will assist the court in prescribing any orders.
Section 14 applications can be made for all offences dealt with in the Local Court, with applications able to be made for first-time or repeat offenders.
What Factors Are Considered in a Section 14 Application?
When considering whether it is more appropriate to deal with a matter under section 14, the Magistrate will consider factors such as the:
The nature of the relevant mental health impairment or cognitive impairment,
The nature, seriousness, and circumstances of the alleged offence,
The suitability of the sentencing options available if the defendant is found guilty of the offence,
Any relevant changes in the circumstances of the defendant since the alleged commission of the offence,
The defendant’s criminal history,
Whether a treatment or support plan has been prepared in relation to the defendant and its content,
Whether the defendant is likely to endanger the safety of the defendant, a victim of the defendant or any other member of the public,
Whether the defendant has previously been the subject of an order under section 14 or section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW), and
Any other relevant factors.
A section 14 application was formerly referred to as a ‘section 32 application’ under section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW), prior to amendments which commenced on 24 March 2021.
It is important to note that the more serious an alleged offence is, the court will need to balance consideration of the public interest and the protection of the community. Strong medical evidence and expert legal framing are crucial.
What Happens If a Section 14 Application Is Refused?
If a section 14 application is refused, the matter will continue through the regular court process. A Magistrate may grant a section 14 application at any time during the proceedings, including before a plea is entered. This means that it can be done on pleas of Guilty or Not Guilty.
In circumstances where a section 14 application is refused, you will need to decide whether you want to proceed to Sentence (on a Guilty plea) and finalise the matter or defend the matter at a Hearing (on a plea of Not Guilty).
It is also important to note that you can make a further section 14 application if circumstances change or further evidence becomes available. Elite Defence Lawyers can assist in advising what option will be best in terms of a way forward, such as different defences or sentence mitigation, if needed.
From this point, the matter will then proceed through the District Court for Sentence or Trial.
Facing Criminal charges and seeking representation?
Contact a member of our team today for a free consultation. We assess your case, and begin advising on how we’re able to assist in obtaining the results you deserve. Fill out a form on our contact us page, or contact us directly for more information.
Get Expert Help With Your Section 14 Application
If you are facing criminal charges but suffer from mental health issues, a Section 14 application may allow your case to be diverted away from the criminal justice system. At Elite Defence Lawyers, we are highly experienced in preparing and presenting these applications to NSW courts.
Our team works closely with psychologists, psychiatrists, and treatment providers to ensure the court has strong, supportive evidence about your condition and rehabilitation prospects. We understand what magistrates look for in these cases and have a high success rate in helping clients avoid convictions through Section 14 orders.
We provide a non-judgmental and supportive legal service, tailored to clients with complex needs. With compassionate guidance and strategic advocacy, we give you the best chance of securing a fair outcome.
If you need a trusted section 14 lawyer, contact Elite Defence Lawyers today for immediate, confidential assistance.
