Hospital orders for offenders with mental illnesses: an appropriate diversionary option?

Hospital orders provide an option for sentencing judges to divert offenders with mental illnesses away from the criminal justice system and into the civil commitment system for treatment purposes. Such an option exists in Victoria, Tasmania and at a Commonwealth level. However, hospital orders have been rarely used. This column explores some of the practical difficulties associated with such orders, with the lack of resources for proper treatment and services an ever-present issue. It outlines the recent changes to the Victorian scheme and argues that if properly resourced, hospital orders can provide a means for adequately addressing the treatment needs of offenders with mental illnesses.