Mental Health, Autism & Learning Disabilities in the Criminal Courts

Information for magistrates, district judges and court staff

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18. References

The Advocate’s Gateway, Responding to communication needs in the justice system

British Psychological Society (2006) Assessment of capacity in adults: interim guidance for psychologists, British Psychological Society Professional Practice Board, Assessment of Capacity Guidelines Group.

Brooker, C., Sirdifield, C., Blizard, R., Maxwell-Harrison, D., Tetley, D., Moran, P., Pluck, G., Chafer, A., Denney, D. & Turner, M. (2011) An investigation into the prevalence of mental health disorder and patterns of health service access in a probation population. Lincoln: University of Lincoln.

Bryan K., Freer, J. and Furlong C. (2007) Language and communication difficulties in juvenile offenders. International Journal of Language and Communication Disorders, 42, 505-520.

Centre for Mental Health (2009) Mental health care and the criminal justice system. London: Centre for Mental Health.

Centre for Mental Health (2014) The Bradley Report five years on. London: Centre for Mental Health

Chitsabesan, P., Kroll, L., Bailey, S., Kenning, C., Sneider, S., MacDonald, W. and Theodosiou, L. (2006) ‘Mental health needs of young offenders in custody and in the community’ The British Journal of Psychiatry, 188, 534-540.

Combat Stress (2015) Exploring Outcome Predictors in UK Veterans Treated for PTSD, Dominic Murphy, Walter Busuttil, Psychology Research, August 2015, Vol. 5, No. 8, 441-451, doi: 10.17265/2159-5542/2015.08.001.

Consolidated Criminal Practice Direction (2015) London: Ministry of Justice.

Crew, M., & Ellis, N. (2008). Speech and Language Therapy within Bradford Youth Offending Team: Report outlining the findings of a 6 month pilot project examining the Speech and Language needs of the clients of Bradford Youth Offending Team.

Crown Prosecution Service website, June 2013. Department of Health (2001) Valuing People White Paper, Cm 5086. London: Department of Health.

Department of Health (1998) Psychaitric Morbidity among prisoners in England and Wales, a report of a 1997 survey carried out by the Office of National Statistics, UK: TSO

Department of Health (2001) Valuing People, London: Department of Health

Department of Health (2008) Code of practice: Mental Health Act 1983 (2008 revised), UK: TSO.

Department of Health (2009) The Bradley Report, London: Department of Health.

Emerson, E., Hatton, C., Robertson, J.,  Roberts, H., Baines, S., Evison, F., & Glover, G. (2011) People with learning Disabilities in England 2011, London: Improving Health and Lives: Learning Disabilities Observatory.

Equal Treatment Bench Book (2013); London: Judicial College

Fazel, S., Doll, H., Langstrom, N. (2008) Mental Disorders Among Adolescents in Juvenile Detention and Correctional Facilities: A Systematic Review and Metaregression Analysis of 25 Surveys, Journal of the American Academy of Child & Adolescent Psychiatry, 47 (9), 1010-19.

Girolamo G. and Dotto, P. (2000) Epidemiology of personality disorders in M. G. Gelder, J. J. Lopez-Ibor and N. C. Andreasen (eds) New Oxford Textbook of Psychiatry, 1, 959-964, New York: Oxford University Press.

Hagell, A. (2002) The mental health of young offenders, a report commissioned by the Mental Health Foundation, London: Mental Health Foundation.

Harrington, R. and Bailey, S., with Chitsabesan, P., Kroll, L., Macdonald, W., Sneider, S., Kenning, C., Taylor, G., Byford, S., and Barrett, B. (2005) Mental Health Needs and Effectiveness of Provision for Young Offenders in Custody and in the Community, London: Youth Justice Board for England and Wales.

Healthcare Commission (2009) Actions speak louder: a second review of healthcare in the community for young people who offend, Commission for Healthcare Audit and Inspection and HM Inspectorate of Probation.

Iredale, R., Parow, B. & Pierpoint, H. (2011) An exploratory study of speech, language and communication difficulties among offenders completing community sentences.

The Law Commission (2010) Unfitness to Plead; Law Com No 197, UK: TSO

The Law Commission (2016) Unfitness to Plead volume 1: report; Law Com No 364, UK TSO.

 Ministry of Justice and HM Court Service (2010) Good practice guidance: commissioning, administering and producing psychiatric reports for sentencing. London: Ministry of Justice.

Ministry of Justice/National Offender Management Service (2011) Determining Pre-Sentence Reports: Probation Instruction 05/2011. London: NOMS Agency Board.

Ministry of Justice (2012) Government response to Punishment and Reform: Effective Community Sentences consultation, IA No MOJ 174. London: Ministry of Justice.

Ministry of Justice (2012) Punishment and Reform: Effective Community Sentences, Government Response. London: TSO.

Ministry of Justice (2013) Gender differences in substance misuse and mental health amongst prisoners. London: Ministry of Justice.

Ministry of Justice (2016) Safety in custody statistics quarterly update to June 2016, London: Ministry of Justice

National Autistic Society (2011) Autism: a guide for criminal justice professionals. London: National Autistic Society.

National Liaison and Diversion Development Network (June 2013),

National Institute for Mental Health for England (2003) Personality Disorder - No Longer a Diagnosis of Exclusion. Policy Implementation Guidance for the Development of Services for People with Personality Disorder, Gateway Reference 1055. London: NIMH(E).

Offender Health Research Network (2009) A National Evaluation of Prison Mental Health In-Reach Services, Manchester: University of Manchester.

Office for National Statistics (1998) Psychiatric morbidity among prisoners: summary report. London: ONS.

Office for National Statistics (2003) Prison Statistics England and Wales 2001, London: ONS. See also, Bromley Briefings Prison Factfile (November 2012:62). London: Prison Reform Trust.

Player, E (2007) Remanding women in custody: concerns for human rights. Modern Law Review, 70 (3), 402-426.

Prison Reform Trust (2014) Bromley Briefings Prison Factfile. London: Prison Reform Trust.

R (on the application of C) v Sevenoaks Youth Court (2009) EWHC 3008.

Rack, J. (2005) The Incidence of Hidden Disabilities in the Prison Population, Egham, Surrey: Dyslexia Institute.

Reed Review of Services for Mentally Disordered Offenders and others requiring similar services - People with learning disabilities (mental Handicap) or with autism’ (Department of Health and Home Office 1992) HMSO.

Rickford, D. and Edgar, K. (2005) Troubled Inside: Responding to the Mental Health Needs of Men in Prison. London: Prison Reform Trust.

Royal College of Psychiatrists (2011) Schizophrenia

SC v UK (2004) ECHR 263.

Sentencing Guidelines Council (2004) Overarching principles – seriousness, Definitive Guidelines, London: Sentencing Guidelines Council.

Seymour, L. and Rutherford, M. (2008) The community order and the mental health treatment requirement, London: Centre for Mental Health.

Talbot, J. (2008) Prisoners Voices: experiences of the criminal justice system by prisoners with learning disabilities and difficulties. London: Prison Reform Trust.

Talbot, J. (2010) Seen and Heard: supporting vulnerable children in the youth justice system. London: Prison Reform Trust.

Talbot, J. (2012) Fair Access to Justice? Support for vulnerable defendants in the criminal courts. London: Prison Reform Trust.

Wiles, N. J., Zammit S., Bebbington P., Singleton N., Meltzer H., Lewis G (2006). Self -reported psychotic symptoms in the general population: results from the longitudinal study of the British National Psychiatric Morbidity Survey. British journal of Psychaitry, 2006 Jun; 188:519-26.

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