NSW govt requests please explain meeting over surge in people successfully pleading mental health in court

NSW Attorney-General Michael Daley has requested a please explain meeting with justice department bosses after The Daily Telegraph revealed a spike in people having criminal charges dismissed on mental health grounds.

NSW Attorney-General Michael Daley has requested a please explain meeting with Department of Communities and Justice bosses after The Daily Telegraph revealed people being charged by police but then having their offences dismissed on mental health grounds in court has exploded.

It comes amid mounting calls for a review – now backed by opposition leader Mark Speakman – into the requirements for a successful mental health application, with experts warning people could be put at risk if domestic violence charges were being canned and also questioning whether supervision of treatment plans following court cases is sufficient.

In 2020, 2350 cases were dismissed on mental health grounds in the NSW Local Court, but that has increased by 50 per cent to 3521 cases in 2024, Bureau of Crime Statistics and Research numbers state.

When asked if he would support a review into surging mental health applications, a spokeswoman for Mr Daley said he has called a meeting with DCJ to ask about these numbers.

“The Attorney-General has sought an urgent briefing from the Department of Communities and Justice about this issue, including in relation to available data and advice on how the provision is operating,” she said.

NSW Attorney General Michael Daley will meet with justice department bosses to discuss a sharp rise in the number of people having charges dismissed on mental health grounds.

Opposition leader Mark Speakman backed calls for a review.

“People with genuine mental illness deserve care and support, however, a 50 per cent surge in charges being dismissed raises concerns justifying a review to ensure justice is consistent, transparent and trusted,” he said.

To secure an application, which are known as section 14s, someone needs to prove they had a mental impairment during an offence and must also provide a treatment plan that is supported by a professional.

How the Tele broke the story on Monday.

DV offences are among the most common to be dealt with under the mental health act, with 816 cases of contravening an AVO and 804 cases of stalking dismissed in 2024.

Up to 11.9 per cent of cases of using a carriage service to threaten to kill were dismissed, followed by contravening an AVO at 11.7 per cent and stalking at 10.5 per cent.

Professor David Heilpern, a former long serving magistrate who first called for the review into successful section 14s, said charges being dismissed could be worrying in some DV cases.

“The impact of having no conviction is significant in terms of all sorts of red flags for future partners and particular kinds of employment,” he said.

Victims advocate Howard Brown, who joined the calls for a section 14 review, also questioned whether people who have their charges dismissed but are then put on treatment plans are sufficiently policed following the court outcome.

“When a report is provided to the court to substantiate an application, reference is always made to a treatment plan – my concern is nobody seems to be ensuring the person is complying with that treatment plan,” he said.

Originally published as NSW govt requests please explain meeting over surge in people successfully pleading mental health in court