Can You Use a Section 32 as a Defence?

Press Release (ePRNews.com) - Sydney, Australia - Sep 15, 2017 - In some cases the reasons behind a person getting a traffic charge may be due to a mental condition that he or she suffers. If a driver has been diagnosed with a mental condition like depression, he or she may be able to have criminal charges against him or her dismissed under a Section 32 order. This article will discuss a Section 32 order dismissal of a traffic charge and how it works.

A Section 32 is a provision of the Mental Health Act that allows magistrates to dismiss charges against a person with a mental condition. However, the dismissal of the charges includes diverting the individual into treatments as an alternative to a criminal conviction. In accordance with the Section 32 order the following mental conditions that are provided for include:

• Depression
• Anxiety
• Bipolar
• Schizophrenia
• Developmental disorders
• ADD
• ADHD
• Post-traumatic stress disorder (PTSD)

In order for the defendant to qualify for a Section 32 order, “treatment needs to be available for the individual’s mental condition in a mental health facility”. However, this does not mean that the individual will need to live at the facility but he or she will need to attend for treatment on a regular basis. While it is a difficult task to get a Section 32 in respect of a traffic matter, it is definitely possible to get an NSW drink driving charge dismissed under Section 32, and this includes a PCA case and DUI case.

In order to get a traffic matter dismissed under a Section 32, it is important that you seek legal advice from a lawyer who is experienced in obtaining Section 32 orders. There is need for you to get a report from a mental health professional documenting your mental condition. It is important to note that Section 32 orders can be complicated especially if it includes a complicated psychological history, more than one mental health condition or if drug or alcohol addiction is involved.

In order to get a Section 32 order it is necessary for your criminal lawyer to be very persuasive. This is necessary because the decision to handle your case under a Section 32, is at the complete discretion of the magistrate. When you attend court for a drink driving charge, your criminal lawyer will request a Section 32 and present that evidence in order to support your case. For a magistrate to grant a Section 32 in a criminal matter there is need for an experienced criminal lawyer to represent your case so as to persuade the magistrate to handle the matter under Section 32. Further, the criminal lawyer needs to convince the magistrate that a Section 32 is the most appropriate way to handle the case and is more appropriate then imposing a criminal penalty.

An attorney from ETB Legal stated that, “the first step in the whole process is to determine whether or not the defendant falls into the definition of an individual suffering from a mental condition making him or her eligible for a Section 32. The magistrate will base his or her decision after reviewing the psychological report and listening to any submissions that the lawyer makes in the behalf of the defendant. Once the magistrate is confident that the defendant’s mental condition is appropriate for a Section 32, the decision must be made whether it is more appropriate to enforce a penalty in the legal system or to divert into the mental health system”.

If you have a driving offences in NSW seek out a law firm of renowned professionals to represent your case.

About the company:

ETB Legal is a law firm that handles criminal matters and has a track record of success. For a criminal lawyer in Sydney, choose ETB Legal.