Last updated 24 January 2025

There are essentially two different ways in which an order can be made requiring a person to have involuntary treatment for a mental illness.

  • The first is when, following an assessment, a treatment authority is made for a person. This is a serious step to take because it is an interference with a person’s personal liberty. Naturally, there are strict rules as to when this can happen and the steps that have to be taken. For more information see the section below on Assessment and Involuntary Treatment of People with a Mental Illness Living in the Community.
  • The second is when a person has been charged with a criminal offence and there is a concern that they may have been of unsound mind at the time of the alleged offence or that they be unfit for trial. Steps can be taken to have them assessed, and in some cases this may lead to involuntary treatment under either a forensic order or a treatment support order. Again, there are strict rules that must be followed. For more information, see the section below on Assessment and Treatment of People with a Mental Illness before a Court or in Custody on Criminal Charges.