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Results for mentally disabled persons

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Author: McConnell, Polly

Title: Mental Health and Learning Disabilities in the Criminal Courts: Information for magistrates, district judges and court staff

Summary: In his review into people with mental health conditions or learning disabilities in the criminal justice system, Lord Bradley highlighted the importance of mental health and learning disability awareness training for criminal justice staff including members of the judiciary. The Magistrates' Association supports this need for information and training. This resource has been produced primarily for magistrates. It is also useful for district judges, legal advisers and ushers. It provides information about some of the common characteristics of mental health conditions and learning disabilities, and highlights how members of the judiciary and court staff might deal with adult defendants with these conditions. Members of the judiciary and court staff are not expected to diagnose mental health conditions or learning disabilities, neither is it their role to provide welfare services to defendants. They do, however, have a responsibility to raise concerns about defendants who they think might be vulnerable. This resource provides an overview of the signs to be aware of that may indicate that someone has a mental health condition or a learning disability. Having a feeling that 'something isn't quite right', or thinking that a defendant is behaving oddly, is enough justification to ask for more information about that defendant. Asking for more information about a defendant can happen at any point during court proceedings. All defendants have the right to a fair trial. There are some defendants who are vulnerable and might need additional support. This could be due to their age or developmental immaturity, for example, child defendants, or due to particular conditions such as learning disabilities and mental health conditions. The Consolidated Criminal Practice Direction (CCPD) (2011) Treatment of vulnerable defendants notes that: 'children and young persons under 18 or adults who suffer from a mental disorder within the meaning of the Mental Health Act 1983 or who have any other significant impairment of intelligence and social function .. are referred to collectively as 'vulnerable defendants'. People with mental health conditions or learning disabilities are not homogenous groups with identical experiences and needs. They are individuals with a wide range of different life experiences, strengths, weaknesses and support needs. Many, however, will share some common characteristics, which might make them especially vulnerable in court. People can experience mild to severe conditions and this will affect the level of support they might need. This resource draws on prevalence data from different research studies, all of which produced statistically significant results. Nonetheless, they show some differences, largely due to different research methodologies. Despite these variations, it is clear that high numbers of people with mental health conditions and learning disabilities routinely appear in the criminal courts. The primary focus of this resource is vulnerable adult defendants. However, much of what is covered will apply also to child defendants and vulnerable witnesses in the criminal court.

Details: London: Prison Reform Trust, 2013. 56p.

Source: Internet Resource: accessed August 22, 2017 at: http://www.mhldcc.org.uk/media/493/rmi_prt_mhldcc_sept2013.pdf

Year: 2013

Country: United Kingdom

URL: http://www.mhldcc.org.uk/media/493/rmi_prt_mhldcc_sept2013.pdf

Shelf Number: 131716

Keywords:
Criminal Courts
Learning Disabilities
Mentally Disabled Persons
Mentally Ill Offenders
Mentally Ill Persons