Tuesday, August 24, 2010

What is a Section 32 in a Criminal Case for Australia?

My solicitor told me today that he intends to apply for a Section 32 in my upcoming traffic offense case.

Could you tell me what this means and what the process is?What is a Section 32 in a Criminal Case for Australia?
A section 32 application is under section 32 of the Mental Health (Criminal Procedure) Act 1990 (NSW). It is raised when the defendant (you!) have some sort of mental disability or disorder which diverts you from being dealt with ';according to the law'; because you don't have the mental capacity to understand it. A successful application will mean that you won't have a conviction recorded against you (you basically get away with it). BUT, you may have to go to a mental health person and get assessed and be kept an eye on. Just depends if the application is made with conditions. Otherwise, you will be ';released'; into the care of your parent/s. Your lawyer would be wanting to get a few psychiatrist reports on you because that's what he/she needs to be successful. So if you haven't already, you need to see a psychiatrist. Your lawyer then uses the psych report and tells the court about your mental illness and why you shouldn't be punished. Other then going to see a psych, you don't have to do anything else. Check with your lawyer though what he needs you to do. Hope this helps.

By the way, in the future, just ask your lawyer what it means!What is a Section 32 in a Criminal Case for Australia?
What State in Australia - they all have different Statutes

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