4/5/2023 0 Comments Insanity time for change![]() This is because a range of evidence suggests that people from ethnic minority backgrounds may be more likely to experience stigma attached to being labelled as having a mental health concern, may be more likely to have experienced difficulty in accessing mental health services and in acknowledging a disorder and seeking help, may be more likely to enter the mental health services via the courts or the police rather than primary care and are more likely to be treated under a section of the MHA. It is important that courts are aware of relevant cultural, ethnicity and gender considerations of offenders within a mental health context. ![]() where a formal diagnosis is required, a report by a suitably qualified expert will be necessary.a formal diagnosis is not always required, and.There may be differences of expert opinion and diagnosis in relation to the offender or it may be that no specific disorder can be identified, difficulties of definition and classification in this field are common.drug and/or alcohol dependence can be a factor, and may mask an underlying disorder,.it is not uncommon for people to have a number of different impairments and disorders.offenders may be unaware or unwilling to accept they have an impairment or disorder and may fear stigmatisation if they disclose it,.no adverse inference should necessarily be drawn if an offender had not previously either been formally diagnosed or willing to disclose an impairment or disorder,.Many mental disorders, neurological impairments or developmental disorders are not easily recognisable, care should be taken to avoid making assumptions.some mental disorders can fluctuate and an offender’s state during proceedings may not be representative of their condition at the time the offence was committed,.Accordingly, in assessing whether the impairment or disorder has any impact on sentencing, the approach to sentencing should be individualistic and focused on the issues in the case. There are a wide range of mental disorders, neurological impairments and developmental disorders and the level of any impairment will vary between individuals.The fact that an offender has an impairment or disorder should always be considered by the court but will not necessarily have an impact on sentencing.This guideline applies when sentencing offenders who at the time of the offence and/or at the time of sentencing have any mental disorder, neurological impairment or developmental disorder, such as those listed within Annex A.Section 59(1) of the Sentencing Code provides that: “Every court - (a) must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and (b) must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, unless the court is satisfied that it would be contrary to the interests of justice to do so.”Ĭourts will note the provisions of s.59(1) of the Sentencing Code which states that nothing within s.60 or 61 of the Code restricts any power, either under the Mental Health Act 1983 (“the MHA”) or otherwise, which enables a court to deal with a mentally disordered offender in the way considered most appropriate.įurthermore, s.78 of the Sentencing Code contains savings which enable courts to deal appropriately with offenders suffering from a mental disorder. This guideline applies only to the sentencing of convicted offenders and it does not address issues of fitness to plead or disposals for those found unfit to plead. ![]() Courts should instead refer to the Sentencing Children and Young People guideline, particularly sections 1.11 to 1.14. This guideline must not be used for offenders under the age of 18, as mental health and related issues can be substantially different in both diagnosis and impact for children and young people. It applies only to offenders aged 18 and older, who are sentenced on or after 1 October 2020, regardless of the date of the offence. In accordance with s.120 of the Coroners and Justice Act 2009 (CJA 2009), the Sentencing Council issues this definitive guideline.
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