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Mental Health & Learning Disabilities in the Criminal Courts

Information for magistrates, district judges and court staff

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Bail and remand decisions summary

Summary:

  • Vulnerable defendants have the same right to bail as defendants who are not vulnerable.
  • There is an overuse of remand into custody for vulnerable defendants.
  • Prison can exacerbate mental health conditions for which there is limited access to treatment, especially for short stay prisoners; prison has been shown to be ill equipped to deal with prisoners with learning disabilities.
  • Information about community support for vulnerable defendants should be routinely available.

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