Representing Mentally Ill and Intellectually Disabled Clients in QLD

5.5 - Procedure on reference to the DPP under Chapter 7 Part 3

Under Chapter 7 Part 3, where the Director of Public Prosecutions receives a reference from the Director of Mental Health, the Director of Public Prosecutions must make a decision in relation to the charge within 28 days of receiving that reference, either to:

  • Continue proceedings according to law; or
  • Discontinue proceedings; or
  • Refer the matter to the Mental Health Court (but only if the person is charged with an indictable offence).

Under section 247(4), the Director of Public Prosecutions must have regard to the nature of the offence; the harm suffered by the victim; the person's mental condition when the offence was committed; the person's current mental condition and fitness for trial; and how the continuation of proceedings would affect the person's mental condition.

In any case, the Director's decision does not affect the patient's treatment status and the patient can continue to receive involuntary treatment under an ITO. However, if the patient is a classified patient, the classified patient status ends.