Forensic Neuropsychology ServicesSection 14 Applications
Understanding Section 14 Applications
People who have been arrested and charged with a criminal offence may have a mental health impairment or a cognitive impairment or both. If they are held on remand, their impairment or impairments may make them a vulnerable person and limit their access to necessary and helpful treatments. A Section 14 application can be made to the court by a legal representative to provide a magistrate with evidence of any mental health and/or cognitive impairment. The magistrate will decide whether to make an order under Section 14 whereby the alleged offender is diverted from the criminal justice system and required to follow a comprehensive treatment plan.
A forensic neuropsychological assessment will carefully examine whether at the time of the criminal offending behaviour or currently, the person charged with a criminal offence was suffering from a mental health impairment or a cognitive impairment or both. If an impairment is found, the assessment can be used as evidence to support a Section 14 application, and the assessment report will include a suitable and comprehensive treatment plan.
Criteria Assessed for Section 14 Applications:
- Presence of significant mental health or cognitive impairment
- Impact of impairment on behaviour and criminal conduct
- Suitability for treatment and support rather than traditional legal penalties
- An individual’s ability to comply with treatment plans
How a Neuropsychological Assessment Can Help
A neuropsychological assessment provides comprehensive evaluation and documentation to support Section 14 applications. Assessments will:
- Identify any cognitive and/or mental health impairments clearly
- Demonstrate how impairments impact behaviour and decision-making
- Provide evidence to support diversion for treatment
- Offer tailored recommendations for treatment and support plans
Who Should Consider an Assessment?
An assessment is recommended for individuals who:
- Have been diagnosed or suspected of having mental health or cognitive impairments
- Are facing criminal charges and may benefit from diversion into treatment
- Require formal evaluation and documentation to support Section 14 applications
What to Expect From the Assessment
Section 14 assessments typically involve:
- Clinical Interview: Review of medical, psychological, and cognitive history, and circumstances around legal issues.
- Cognitive and Mental Health Testing: Assessment of cognitive and intellectual abilities, psychological functioning, and impact of mental health on behaviour.
- Detailed Report: Clear and concise documentation suitable for court submission and to support expert testimony.
