NSW Brother with Mental Health Issues - Released from Gaol?

[Lynda Taare]

We think my brother may have paranoid schizophrenia. Is it possible for him to plead insanity and be released from gaol if the person he hurt wants to write a letter to the magistrate explaining she thinks he has mental health issues that haven't ever been dealt with and would rather he seek help than be held in gaol? He won't be able to see their children untill he is released and she can see him not being in their life is tearing the kids apart.

Any help on how we can get him released would be really appreciated.

 

[Therese]

Hi Lynda,

I would recommend you reading 6.8 on this link from the Corrections Services NSW http://www.correctiveservices.justi...ase-of-inmates-from-a-correctional-centre.pdf.

It says that applications can be made for early release on two grounds:
(1) if the offender is dying; or
(2) if the Parole Authority is satisfied it is necessary to release the offender on parole because of exceptional extenuating circumstances.

My understanding is that you would have to demonstrate exceptional extenuating circumstances in order to be successful. Using expert opinion and family circumstances would assist in this matter.

The process by which to apply is stated in 6.8.1.

I would suggest getting advice from legal aid or a lawyer in regards to how best present your case. See Get Connected with the Right Lawyer for You