Guyana launches first mental health court

Guyana has launched its first-ever mental health court, aimed at assisting defendants whose mental health conditions may have contributed to the commission of a crime. The court seeks to ensure these individuals receive appropriate treatment and support, rather than punishment only.
Launched shortly after the recent opening of the Children’s Court at the Charity Magistrate’s Court in Region Two, the Mental Health Court is another progressive step in Guyana’s evolving judicial landscape.

The initiative aims to create an enabling environment for individuals charged with offences who have been assessed as experiencing mental health challenges.
Social services officers are expected to work closely with a multidisciplinary team to provide vital resources and support to these individuals as they navigate the justice system.
Speaking at the launch, Attorney General Anil Nandlall highlighted the specialised services the court will offer.
He explained that the court was established to address the gaps in mental health care within the prison system and affirmed the government’s commitment to improving the health and well-being of all Guyanese.
“It is our policy that persons must receive proper health care, wherever they live in Guyana,” Nandlall asserted.
He applauded the judiciary for taking the bold step of establishing a specialised court to ensure that persons living with mental illness receive the appropriate care and support.
He added that the court aligns with the government’s policy to improve the lives of persons with mental health conditions, reduce the prison population, and lower rates of recidivism.

“This specialised court adds to the complement of specialised courts already in existence within our legal system,” Nandlall said.
He also referenced Section 21 of the Mental Health Protection and Promotion Act 2022, which provides that every person with a mental illness shall have equal access to justice and the right to participate in the administration of justice.
Nandlall added that the court is expected to employ appropriate procedural accommodations to ensure persons with mental illness can fully participate in legal proceedings.
Nandlall further noted that legislation may need to be developed to govern how the Mental Health Court operates. He said rules and regulations may also be required to guide its procedural aspects and assured the judiciary that the Government of Guyana—particularly the Attorney General’s Chambers—stands ready and willing to assist in that regard.
Prior to the court’s establishment and the enactment of the Mental Health Act in 2022, defendants living with mental illness were dealt with under the Mental Health Ordinance of 1930—a remnant of colonialism. That ordinance was based on the UK’s 1890 Lunacy Act, inherited by Guyana during its time as a British colony.
Nandlall acknowledged the need for continued legal reform and emphasised the importance of protecting and upholding human rights in Guyana, especially for persons living with mental health conditions. He stated that the Mental Health Court will play a significant role in achieving that goal.
“Historically, persons living with mental illness faced severe discrimination and stigmatisation and were relegated to the fringes of society. We all grew up in that environment,” he said.
“In common parlance, those persons were referred to as ‘mad’, ‘crazy’, or ‘insane’, and their conditions were grossly misunderstood. Today, our society has made great strides in recognising that every person in Guyana must have their human rights protected and respected—especially their right to health.”
He continued, “There is still much to be done, as upholding human rights in mental health care is of utmost importance if our society is to develop in the direction we hope.”
Quoting the World Health Organisation, he stated, “Mental health is a state of mental well-being that enables people to cope with the stresses of life. And Madam Chancellor, we have a lot of stresses in life to deal with.”
He concluded that mental health is an integral component of health and well-being.
In his view, it underpins Guyana’s individual and collective ability to make decisions, build relationships, and shape the world Guyanese live in.
The establishment of the mental health court was first announced earlier this year by Acting Chancellor of the Judiciary, Madam Justice Yonnette Cummings-Edwards, during the ceremonial opening of the 2025 legal year.a