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Section 33 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 33 of the abovementioned Act.

A Section 33 application allows a Court, if appropriate, to send the charged individual to a hospital in order to be assessed. Should the hospital find the person to be suffering from a Mental Illness, that individual may be required to remain in hospital as an involuntary patient and may be required to receive treatment.

In relation to the dismissal of the original charges, there may be specific terms and conditions set out by the Court, or requirements that the individual must fulfil as an involuntary patient.

At Navado, our Mental Health Lawyers are able to assist you with understanding your rights and obligations in relation to your Section 33 conditions.

Furthermore, if you are seeking legal advice and believe you require representation in Court under a Section 33 our team of Mental Health Lawyers can work closely with our Criminal Lawyers to ensure you are provided with sufficient and professional advice and representation. 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 33 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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