Court Mandated Outpatient Treatment for Mentally Ill Offenders in New South Wales

Abstract

Section 32 of the Mental Health (Criminal Procedure) Act 1990 (NSW) came into being in 1990 and introduced an option for magistrates to divert mentally ill offenders, who were not ill enough to require hospitalisation, into treatment in the community under an order similar in effect to a community treatment order made under the Mental Health Act 2007 (NSW). In this comment the author examines the history and philosophical justification of s 32 and its amendments, the elements of s32 and some procedural matters. As research regarding s32 itself is almost non-existent, the author examines evidence regarding the efficacy of mandatory outpatient treatment (MOT), which has been conducted, in the main, with non-offenders and considers whether such evidence is applicable in the forensic setting. The author concludes that s32 orders may deliver positive outcomes; however, as with all therapeutic interventions, these orders should be based on good evidence, and therefore further research is essential.