Charges discontinued against client under the Mental Health Act

Magistrates have the power to dismiss charges for defendants who were of unsound mind or unfit for trial under s 172 of the Mental Health Act 2016 (Qld).  For s 172 to apply, the Court must be reasonably satisfied on the balance of probabilities that:

• The defendant was of unsound mind at the time of the offence or unfit for trial;
• The Mental Health Assessment is not in dispute;
• The charge is a simple offence – this includes indictable offences that can be dealt with summarily.

A person is considered to be of ‘unsound mind' when they do not have the capacity to understand or control their actions, primarily as a result of mental health, or disability. A person may be ‘unfit for trial' if they cannot comprehend the nature of the charge, instruct their solicitor or understand the significance of telling the truth in court.