For the first time, judges and magistrates are to be given guidelines to help them assess responsibility when sentencing offenders with mental health conditions.
Draft guidance published this week by the Sentencing Council aims to provide a process to follow when sentencing people with mental health conditions or conditions such as learning disabilities, autism, brain injury, substance misuse disorders and dementia.
Lucy Schonegevel, head of health influencing at Rethink Mental Illness, said: ‘This is a big step towards the justice system having a better understanding of mental illness, as it’s the first time there will be specific sentencing guidelines in this area.’
There is a lack of reliable data on mental illness in prisons. According to a 2017 National Audit Office report, however, one survey of recent arrivals at prison found nearly a quarter had prior contact with mental health services; 17% of the prison population is thought to have a learning disability compared to 2% of the population; the proportion of prisoners with autism is believed to be double that within the general population; and nearly a quarter of prisoners have been hospitalised for a head injury.
The guidance takes the form of principles to be applied by judges alongside offence-specific guidelines. The principles include that the courts: focus on individual circumstances; balance the rights and needs of offenders with the protection of the public and rights and needs of victims and their families to feel safe; and consider all the facts in each case, including what is practically available.
Sentencing Council member Judge Rosa Dean said the council believed ‘offenders who have a mental health condition or disorder, neurological impairment or developmental disorder should be confident that the court has the information it needs to take a consistent approach’.
The Sentencing Council consultation, ‘Overarching Principles: Sentencing Offenders with Mental Health Conditions or Disorders’, ends on 9 July 2019 .
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