If you have been charged with a criminal offence in New South Wales and are experiencing mental health or cognitive impairment issues, you may be eligible to have your charges dismissed without conviction through a Section 14 application.
Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) allows certain criminal matters to be diverted away from the criminal justice system and instead dealt with by way of treatment and support.
A successful Section 14 application results in:
Dismissal of the charge
No conviction
No criminal record
No finding of guilt
ADADA Legal provides experienced and compassionate representation for Section 14 mental health applications across NSW, ensuring your case is supported by strong medical evidence and persuasive legal submissions.
A Section 14 application asks a Magistrate in the Local Court to dismiss criminal charges and deal with the matter under the mental health jurisdiction instead of through prosecution.
If granted, the court may dismiss the charge and discharge the defendant:
Unconditionally
Into the care of a responsible person, with or without conditions, or
On the condition that the defendant attends treatment, assessment, or support for their mental health or cognitive impairment
Section 14 applications are only available in matters dealt with in the Local Court and can be made at any stage of proceedings — before or after a plea is entered.
A “responsible person” may include:
A treating psychologist or psychiatrist
A rehabilitation or mental health service
A counsellor or support worker
A carer or family member (in appropriate cases)
The responsible person must consent to supervising the order and be aware of any conditions imposed by the court.
To qualify for a Section 14 application, it must be established that the defendant has or had at the time of the alleged offence:
A mental health impairment, or
A cognitive impairment
Mental health impairments may include:
Anxiety disorders
Psychotic disorders
Depression or bipolar disorder
Non-temporary substance-induced mental disorders
A mental health impairment does not include conditions caused solely by temporary intoxication or a substance-use disorder alone.
A person is considered to have a mental health impairment if there is a significant disturbance of thought, mood, perception, memory, or judgment that impacts emotional wellbeing or behaviour.
Cognitive impairments may include:
Intellectual disability
Autism spectrum disorder
Dementia
Acquired brain injury
Drug or alcohol-related brain damage
A cognitive impairment involves ongoing difficulties with comprehension, reasoning, judgment, learning, memory, or adaptive functioning due to damage, dysfunction, or developmental delay of the brain.
Strong medical evidence is critical to a successful Section 14 application. This usually includes:
A report from a psychologist or psychiatrist
A clear diagnosis
A treatment or support plan
Evidence linking the impairment to the alleged offending
ADADA Legal works closely with medical professionals to ensure reports meet court requirements and directly address the legal test under Section 14.
When deciding a Section 14 application, a Magistrate will assess:
The nature and severity of the mental health or cognitive impairment
The seriousness and circumstances of the alleged offence
The defendant’s criminal history
Available sentencing options if the matter proceeds
Changes in the defendant’s circumstances since the offence
The proposed treatment or support plan
Risk to the defendant, victims, or the public
Any previous Section 14 or former Section 32 orders
The public interest and community protection
The more serious the offence, the greater the emphasis placed on public safety — making expert legal preparation essential.
Section 14 applications replaced the former Section 32 applications under the Mental Health (Forensic Provisions) Act 1990 (NSW) following legislative reforms that commenced on 24 March 2021.
While the framework has changed, the purpose remains the same — diverting appropriate cases away from punishment and toward treatment and rehabilitation.
If a Section 14 application is refused:
The matter continues through the normal court process
You may proceed to sentencing (on a guilty plea) or a defended hearing (on a not guilty plea)
A further Section 14 application may be made if circumstances change or new evidence becomes available
ADADA Legal provides clear advice on next steps, including alternative defences, sentence mitigation, or renewed applications where appropriate.
ADADA Legal is highly experienced in representing clients with mental health and cognitive impairments throughout NSW.
We offer:
Extensive experience with Section 14 mental health applications
Strong relationships with treating professionals
Strategic, evidence-based advocacy
Compassionate, non-judgmental support
Clear advice and fixed fees
Our team understands what Magistrates look for in these applications and has a strong track record of helping clients avoid convictions through Section 14 orders.
If you are facing criminal charges and mental health issues are involved, a Section 14 application may allow your matter to be dismissed and diverted away from the criminal justice system.
Contact ADADA Legal today for confidential, urgent advice from experienced Section 14 lawyers in NSW.
Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation.
If you’re facing criminal or traffic charges, early advice can make a critical difference. Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation. Complete the form and our team will be in touch promptly to discuss how we can help.
Suite 207/30 Campbell Street, Blacktown, NSW 2148
0451 444 446
info@adadalegal.com.au
