The Community Mental Health Team and the mentally disordered offender

Author(s):  
Frank Holloway ◽  
Tony Davies

There is a long-standing policy of diversion of mentally disordered offenders (MDOs) from the criminal justice system to care by mental health services. Care of the MDO presents specific challenges to the non-forensic practitioner. These include the need to understand the workings of the criminal justice system and the specific legal issues presented by an offender, the salience of risk, and its management in the mind of the courts and novel additional ethical dilemmas that arise. The importance of substance misuse as a factor in offending behaviour is emphasized, and its implications are explored. In addition, the MDO may present with clinical problems that are unfamiliar. Key principles of management are set out. These include developing a clear understanding of the patient and their world, excellent communication between all those involved, and rapid intervention when there is cause for concern. Staff working with an MDO require adequate supervision and support.

Author(s):  
Jane Senior ◽  
Adrian Hayes ◽  
Jenny Shaw

The majority of mentally disordered offenders are never treated within forensic mental health services. Instead, they remain within the criminal justice system, where care and treatment for complex and co-morbid mental health, substance-misuse, and personality disorder issues remain secondary to justice and punishment. In this chapter, we explore the policy, practice, and legislative drivers influencing healthcare delivery throughout the criminal justice pathway. Firstly, we consider the current liaison and diversion programme in England, which aims to identify people with mental health issues at the point of entry into the criminal justice system. Secondly, we review the state of mental healthcare in prisons, a quarter of a century after the clinical improvement partnership between the National Health Service and HM Prison Service. Thirdly, we discuss issues around court mandated mental health treatment in the community. Finally, we consider initiatives designed to meet the discrete needs of offenders with personality disorders.


1969 ◽  
pp. 788
Author(s):  
Julian V. Roberts ◽  
Simon Verdun-Jones

The issue of conditional sentencing in relation to mentally disordered offenders was recently addressed by the Supreme Court of Canada in R. v. Knoblauch. This article examines the context in which the Knoblauch decision was made by reviewing the incidence of mental disorders in correctional populations and the criminal justice system s response. The authors explore Knoblauch's implications on the conditional sentencing regime as a whole and its use as a sentencing tool for dealing with mentally disordered offenders.


Criminal Law ◽  
2019 ◽  
pp. 147-192
Author(s):  
Michael J. Allen ◽  
Ian Edwards

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. A person should only be held criminally liable where he has the capacity to understand his actions, and to recognise the consequences which may flow from them, and, having understood them, where he has the capacity to control them. The criminal law recognises the requirement of rational capacity by excepting persons who lack rational capacity from liability in certain circumstances. This chapter examines the issues of the age of criminal responsibility, insanity and the M’Naghten Rules (including analysis of the meaning of a ‘disease of the mind’ and the cognitive tests for determining whether someone is legally insane), automatism, and intoxication (with analysis of the distinction between offences of specific intent and basic intent). A revised and updated Law in Context feature explores the treatment of mentally disordered defendants and offenders in the criminal justice system.


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