Representation in Court 

When a person first appears in court they can represent themselves, see the duty lawyer, apply for legal aid or pay for a lawyer. If intellectual disability is relevant to the charges, they should speak to a lawyer. 

Mental Illness 

If the person also has a mental illness which affects their criminal responsibility for the charges or requires involuntary treatment and care, please refer to the flowchart ‘What happens to criminal charge(s) if a person has a mental illness’ 

Intellectual Disability 

If the person does not have mental illness but has intellectual or cognitive disability which affects their criminal responsibility for the charges, see flowchart ‘What happens to criminal charge(s) if a person has an intellectual or cognitive disability’. 

Simple Offences and Indictable Offences 

See https://queenslandlawhandbook.org.au/the-queensland-law-handbook/offenders-and-victims/introduction-to-criminal-law/ types-of-criminal-offences/ 

Unless otherwise specified, references to sections (s) are from the Mental Health Act 2016 (Qld)