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Mental Health Issues

Introduction

Relevant legislation and regulations

Common mental impairments

The Duty Solicitor's role with defendants who have a mental impairment or illness

Support systems
Confidentiality

Legal issues confronting the Duty Solicitor

Identifying the legal issues

Mental incompetence and mental unfitness to stand trial

Incompetence to commit the offence
The consequences of a finding of mental incompetence
Unfitness to stand trial
Summary
The consequences of a finding of unfitness to stand trial
Fitness to instruct

Assisting unrepresented defendants

Unrepresented defendants attended by a case worker or relative

Bail applications

Bail conditions where the defendant seeks a voluntary psychiatric admission
Bail conditions where there is a Mental Health Act 2009 order for involuntary treatment
Bail assessment report
First instance warrants

Sentencing considerations and submissions

Mitigating Factors
Rehabilitation
Deterrence
Safety of the community
Alcoholism and gambling addiction

Commonwealth offences

Summary matters
Indictable matters
Sentencing considerations

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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.

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