11.0 - Mental Health Court Procedures

The Mental Health Court is a specific forum in which one Supreme Court Judge presides with the assistance of two psychiatrists. It is not the function of the psychiatrists to examine the person the subject of the proceeding. Rather, they provide the Judge with professional assistance in relation to the interpretation and significance of clinical evidence presented before the Court.

The Court has inquisitorial powers that enable it to fully investigate the mental health of the person the subject of the hearing. No party to a proceeding bears the onus of proof in relation to any matter before it under section 405. Therefore, the Court can seek independent reports, rather than relying solely on the defence or prosecution to provide them. Under section 404 the Court is not bound by the rules of evidence unless it is in the interests of justice to do so. This means that the Court may accept material that may otherwise be inadmissible.

All matters before the Court are determined on the balance of probabilities except where, under 268, there is a reasonable doubt as to the defendant's culpability in relation to the charge.

Under section 415, each party to a proceeding must bear their own costs.

The Court's proceedings are usually open to public observation unless the hearing involves a young person or involves an appeal of a Mental Health Review Tribunal decision. The Court may however close proceedings under section 414.