What matters to magistrates when considering diversion into mental health treatment?

The current study aimed to identify factors that influence the likelihood of mental health diversion under s.32 and s.33 of the NSW Mental Health (Forensic Procedures) Act using a sample of 2,922 individuals represented by NSW Legal Aid who sought to have their charges dismissed. Multilevel logistic regression was used to identify the factors correlated with diversion. Higher odds of s.32 diversion were found for women, non-Indigenous defendants, those with no prior court appearances and those who committed less serious offences. Higher odds of s.33 diversion were found for those who were older, those who had been previously imprisoned or those who had prior mental health dismissals. Almost 12% of the variation in s.32 dismissal decisions is attributable to the magistrate hearing the case.