If you suffer from mental illness, Australian Criminal Law Group has Sydney’s best criminal lawyers for section 32 applications to have your criminal charges dismissed.

Mental health is no longer the taboo subject it once was with the community and governments of Australia. We now acknowledge the terrible impact it is having on people’s lives. The courts have recognised the need for people with mental illnesses to be treated with particular care when being sentenced. Often extending leniency to people diagnosed with certain conditions. These include anxiety, depression, post-traumatic stress disorder, autism, bi-polar, and schizophrenia.

Our criminal lawyers are experts at arguing that people who suffer mental illness should have their criminal charges dealt with by section 32. This means they receive no criminal record or other punishment.

Below is information about section 32s. If you need representation or criminal law advice, make a website enquiry or call our free 24/7 criminal law hotline on 8815 8167.

What is a section 32 order?

The court makes a section 32 order under the Mental Health (Forensic Provisions) Act 1990. The order diverts people out of the criminal system and into the care of their treating psychologist, psychiatrist, or general practitioner within the community. 

You will be eligible for a section 32 order, if you are developmentally disabled, suffering from mental illness, or suffering from a mental condition for which treatment is available in a hospital, but not a mentally ill person. A mentally ill person is someone who presents a real risk of harm to themselves or others. 

How do our criminal lawyers get section 32s?

To get section 32s for our clients, we obtain reports from the best psychologists and psychiatrists. The choice of psychologists and psychiatrists we use have a varied price range. This ensures none of our clients are stopped from running a section 32 because they have limited financial means. 

Our reports have treatment plans that give the courts confidence in using section 32.

What else will the court consider in deciding whether to give me a section 32?

Our criminal lawyers argue that it is more appropriate to deal with you by way of section 32 order than by punishing you under the criminal law. 

In considering the appropriateness, the court will consider:

  • The seriousness of the offence and facts alleged against you. 
  • Your criminal record (if you have one).
  • What the mental illness is and what caused its onset.
  • The link between the mental illness and offending.
  • Past and present treatment you have received.
  • The treatment plan proposed for the future. 

What will happen to me if I get a section 32?

A section 32 lasts for six months. Conditions of the section 32 can include:

  • Continuing treatment with your psychiatrist or psychologist. 
  • Taking prescribed medication.
  • Abstaining from drugs and/or alcohol and submitting to testing.

Section 32 cases

Offences for which our criminal lawyers have obtained section 32 for include:

  • High Range drink driving;
  • Driving while Disqualified;
  • Supply and possession of drugs, including methylamphetamine, cocaine, and MDMA;
  • Domestic violence;
  • Common assault;
  • Assault occasioning actual bodily harm;
  • Recklessly inflicting grievous bodily harm;
  • Reckless wounding;
  • Affray;
  • Various sex offences including indecent assault.

Testimonials

If like my brother & his friends you’ve gotten yourself in a unimaginable position, I can’t stress enough that Steven... read more

Dee Vitale Avatar
Dee Vitale
7/27/2020

I would highly recommend Joseph Correy for reliability, honesty, efficiency and professionalism.
It can be quite daunting seeing a lawyer/Solicitor, ...
read more

Lina Vivaldo-Said Avatar
Lina Vivaldo-Said
7/23/2020

Highly recommend. Steven is honest and upfront with legal proceedings. Thank you for the outcome.

Umesh Jay Avatar
Umesh Jay
7/20/2020

I can't thank Steven enough for all his hard work and efforts. The outcome of my case was better than... read more

Victor vitale Avatar
Victor vitale
7/19/2020

Would highly recommend Steven to anyone. Since I gave the first call, I knew my case was in great hands.... read more

Orla Kenny Avatar
Orla Kenny
7/06/2020

Amazing service and lawyers. Steven was excellent with me throughout everything. Highly Recommended!

Amir Jodeh Avatar
Amir Jodeh
6/24/2020

Joseph Correy is an amazing criminal lawyer and went above and beyond in every way in my case. I had... read more

Bronwyn Brataniec Avatar
Bronwyn Brataniec
6/09/2020

Would like to give a big thanks to Joe Correy and AC Law Group for their quick response on my... read more

Jarred Tui Avatar
Jarred Tui
6/06/2020

These guys work hard for you. Pick up the phone when you need them. Best lawyers in Sydney.

Chantel Ravet Avatar
Chantel Ravet
6/02/2020

Hands down best criminal law firm in Sydney. Bail for murder twice in 2 months. What more can I say?

Trev Dee Avatar
Trev Dee
5/27/2020

Don’t wait.
Get in touch now.

CONTACT US