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Section 32 Defence:

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Under the Mental Health (Forensic Provisions) Act 2007, where an individual, who is suffering from a mental illness and/or medical condition, is charged with committing a criminal offence, that individual may require the Court to deal with the charge under Section 32 of the abovementioned Act.

A Section 32 application may allow a Court to dismiss any charges, wholly or in part, subject to various conditions which may include the individual to enter into and complete a treatment plan. However, should the individual not comply with the ordered conditions, they may be required to appear in Court and the charge will be heard and considered again.

Under the Mental Health Act 2007, a Section 32 Application only applies to those individuals that satisfy the requisite indicia. If you require assistance understanding specific definitions under the Law or would like to speak with someone regarding whether you are suitable to have your matter heard under a Section 32, our team of Mental Health Lawyers are able to meet with you and ensure that you understand the regulations surrounding a Section 32.

At Navado, our team of Mental Health Lawyers are able to work closely with our team of Criminal Lawyers to provide you with a clear understanding of a Section 32 and if required, our team is able represent you under a Section 32 in Court. Our clients benefit from the large knowledge-base available between our different teams of lawyers. We do understand that there are cases which require a practical knowledge of different jurisdictions and/or different areas of the law. At Navado, we ensure that the benefits derived from our inter-team discussions are synergetic and are completed in a time effective and costs efficient manner, in the best interests of all of our clients.

If you would like to speak with one of our Mental Health Lawyers or Criminal Lawyers regarding a Section 32 application, we invite you to contact our Sydney CBD Head Office by telephone on (02) 9233 4048 or send us an email to For a complete list of our office branch locations, please see our locations tab.

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