At last society seems finally to be recognising the importance of mental health and the taboo around it is slowly being broken down. However, it is rarely discussed within the context of the law.

Mental Health is a complex issue. Conditions are not easy to diagnose - that’s if you can get a doctor’s appointment at all!  Quite often doctors disagree on which disorder a person is suffering from, with many people being misdiagnosed.

Those who suffer with a mental illness may have specific needs in court on top of those of a typical defendant. That’s if they are considered to be well enough to stand trial at all or if the Crown Prosecution Service deems it in the public interest to charge them.

We at Broudie Jackson Canter absolutely pride ourselves on our experience, knowledge and willingness to fight for those who suffer from mental health conditions.

What happens when you have a mental illness but face trial?

Firstly wherever possible we would seek diversion away from the court process. A proactive approach with the police and Crown Prosecution Service can often avoid prosecution. This sometimes results in the accused person getting quicker access to the medical help they need.

Sentencing defendants who appear to have mental health problems is very difficult.

The Sentencing Council have published a draft guideline that will make sentencing easier and more consistent when the courts are dealing with defendants who have mental health conditions.

It will only apply to some mental health conditions including schizophrenia, bipolar disorder, PTSD, learning difficulties, autistic spectrum disorders and dementia.

This guideline is still at consultation stage but we can use some of this information to assist those we defend.

What Sentences are Available?

If the accused is not well enough to stand trial (unfit to plead) the jury will be asked to determine whether or not they did “the act” they are accused of. If they are found to have done the act then the only outcomes are an absolute discharge, supervision or a Hospital Order.

If however a person is convicted there are specific sentences under the Mental Health Act 1983 that the Court can consider:

• Hospital Order – Based on the evidence of two doctors the judge must be satisfied that treatment is available. This is a six month order that can be renewed for a further six.
• Restriction Order – this is attached to a Hospital Order. It requires one doctor to give live evidence and can only be made if it is necessary to protect the public. They restrict how a person can be discharged for a certain period. Only the Secretary of State can discharge someone under a Restriction Order.
• Hospital and Limitation Directions – Known as “Hybrid Orders”, these are prison sentences, that are served in hospital.

- If the accused is discharged before the end of their sentence, they are transferred back to prison.

- If the accused complete their sentence, they remain in hospital on the terms of a Hospital Order.

Can you still be sent to prison?

Yes! A judge is not obliged to make any of these orders and can pass an ordinary prison sentence if a person is convicted of an offence. That is why you need to have the protection of representation by someone who understands mental health and who is willing to fight for you!

We at Broudie Jackson Canter are passionate about ensuring those people with mental health conditions are forcefully represented. We have very experienced Crime and Mental Health teams who can advise you if you suffer with mental illness and are facing prosecution. We can access specialist medical advice to ensure the fairest outcome.

If you would like to speak to a member of our team, please call us on 0151 227 1429, request a callback at your convenience or email us at enquiry@broudiejacksoncanter.co.uk