Mental Health, Autism & Learning Disabilities in the Criminal Courts
Information for magistrates, district judges and court staff
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1. Welcome and introduction
2. How to use this information
3. Mental Health
a. What is a mental health condition?
b. What are the main mental health conditions?
i. Depression and anxiety disorders
ii. Psychosis
iii. Personality Disorder
c. How many people who offend have a mental health condition? - Film Clip
d. How to recognise when a defendant might have a mental health condition - Film Clip
Mental health summary
4. Learning disability
a. What is a learning disability?
b. What does it mean to have a learning disability?
c. How many people who offend have a learning disability? - Film Clip
d. How to recognise when a defendant might have a learning disability - Film Clip
Learning disabilities summary
5. Autism
a. What is autism?
b. The Autism Act 2009
c. What might be the impact of autism on an individual?
d. How do you recognise when a defendant may have autism?
Autism summary
6. Communication difficulties
a. What are communication difficulties?
b. How many people who offend have communication difficulties?
c. What does it mean to have speech, language and communication needs? - Film Clip
d. Communication in court
e. How to recognise when a defendant might have speech, language or communication needs
Communication difficulties summary
Some questions you might want to consider
7. Specific learning difficulties and literacy
a. Specific learning difficulties
b. Literacy
Further reading
8. Co-morbidity and dual diagnosis
a. Co-morbidity
b. Dual diagnosis
Further reading
9. Right to a fair trial and fitness to plead
a. Introduction
b. Right to a fair trial
c. Fitness to plead
Right to a fair trial summary
10. Vulnerable defendants in court
a. Introduction
b. Difficulties recognising when a defendant might be vulnerable - Film Clip
c. How you can obtain further information about a defendant’s support needs
i. At the pre-court briefing
ii. The defendant’s advocate
iii. The defendant
iv. Community mental health services
v. Liaison and diversion services
vi. Medical reports
vii. Case management
d. Unrepresented defendants
Box 2: Good Practice Example
Vulnerable defendants in court summary
11. Supporting vulnerable defendants in court
a. Introduction
b. Special measures
c. Guidance and practice directions
d. Reasonable adjustments
e. Communication in court - Film Clip
i. Specialist communication support – intermediaries - Film Clip
Some questions you might want to consider
Supporting vulnerable defendants summary
12. Bail and remand decisions - Film Clip
Bail and remand decisions summary
13. Liaison and diversion services (England) and criminal justice liaison services (Wales) - Film Clip
Some questions you might want to consider
Liaison and diversion summary
14. Sentencing
a. Introduction
b. Information you can ask for to inform sentencing decisions - Film Clip
i. Pre-sentence reports
ii. Information from liaison and diversion services, other health professionals in court, and medical reports
c. Sentencing options
i. Community Orders
ii. Mental Health Treatment Requirement (MHTR)
iii. Alcohol Treatment Requirement and Drug Rehabilitation Requirement
d. Knowing what sentencing options are available locally - Film Clip
e. Explaining sentence requirements to a vulnerable offender
Some questions you might want to consider
Sentencing summary
15. Breach
Stan’s Story
16. Mental Health Act
a. Introduction
b. Mental Health Act disposals
Matt’s story
Mental Health Act summary
17. Women in the criminal justice system - Film Clip
a. Profile of women who offend
b. Impact of imprisonment
c. Mothers in prison
d. Alternatives to custody - Film Clip
e. The reform agenda for women in contact with criminal justice services
Some questions you might want to consider
Women and the criminal justice system summary
Further reading
18. References
Feedback
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