Ogbuehi Lawyers

Section 32 Orders – Mental Illnesses

As experienced lawyers in the Parramatta, Lakemba, Auburn, Bankstown, and Eastwood regions, we provide expert legal assistance for clients dealing with Section 32 orders under the Mental Health (Forensic Provisions) Act. We recognize the profound impact these orders can have on individuals’ lives and are committed to ensuring just and appropriate outcomes for those affected by mental health issues.

Section 32 orders allow the court to divert individuals with mental illnesses or cognitive impairments away from the criminal justice system and into treatment or support services. These orders are based on the recognition that mental health issues can significantly contribute to unlawful behavior, and addressing these underlying issues can be more effective than traditional punitive measures.

While Section 32 orders serve an important role in facilitating access to necessary mental health care and reducing recidivism, they also carry significant implications. Being granted a Section 32 order can mean avoiding a criminal record and associated penalties, but it requires comprehensive demonstration of the mental health condition and its impact on the alleged offense. Moreover, if improperly managed, it may lead to insufficient follow-up care or monitoring, potentially exacerbating the individual’s condition or risk to the community.

Our role is to meticulously assess the circumstances surrounding the alleged offense and the client’s mental health status to advocate effectively for the application of a Section 32 order when appropriate. We work diligently to gather and present compelling medical evidence, expert testimonies, and relevant personal history to substantiate the need for mental health intervention over criminal prosecution.

Achieving favorable outcomes for Section 32 applications involves a strategic approach. Initially, we conduct a thorough review of the client’s medical records, psychiatric evaluations, and any previous interactions with mental health services. This includes scrutinizing the nature of the mental illness, its severity, and its direct connection to the alleged criminal behavior.

Why should you engage a criminal justice expert / criminal lawyer to work with you?

We consider the client’s overall support network, ongoing treatment plans, and willingness to comply with mental health interventions. Where necessary, we facilitate additional psychiatric assessments to strengthen the evidence base for the application.

If challenges arise, such as insufficient documentation or disputed diagnoses, we work to resolve these through additional expert consultations or by obtaining supplementary evidence. Our goal is to ensure the court fully understands the client’s condition and the benefits of a Section 32 order in promoting both individual recovery and public safety.

Securing a Section 32 order with skilled legal representation offers significant advantages. Our team’s extensive knowledge of local court procedures and familiarity with magistrates and judges in Greater Sydney enhances our ability to advocate effectively for our clients.

Why work with us?

We bring decades of combined experience in mental health law, enabling us to navigate the complexities of psychiatric evidence and legal requirements adeptly. Our representation ensures that every aspect of the client’s case is thoroughly prepared and presented, maximizing the likelihood of a successful outcome.

Moreover, our firm provides comprehensive support beyond the courtroom. We assist clients in connecting with appropriate mental health services and community resources, ensuring they receive the ongoing care and support necessary for their rehabilitation.

By engaging our firm, clients can trust that their mental health conditions are addressed with the utmost care and that their legal rights are vigorously defended. Our compassionate and dedicated approach aims to secure outcomes that promote recovery, reduce recidivism, and enhance overall well-being.

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