Film clip 11 (05:33 mins)
Lord Bradley talks about his review of people with mental health problems and learning disabilities in the criminal justice system and, in particular, his recommendation for liaison and diversion services. Magistrates, a liaison and diversion practitioner and an individual with a mental health condition discuss the need for, and benefits of, liaison and diversion services to help ensure effective participation in court proceedings and when considering sentencing options.
The establishment of liaison and diversion services to provide support for vulnerable suspects and defendants was recommended by the Reed Review (1992). However, services have been patchy and the focus of support has tended towards court provision for people with mental health conditions.
More recently, renewed attention has been given to extending the role of liaison and diversion services to include people with learning disabilities and in ensuring access to provision at the police station. The Government has made a commitment that all police stations and criminal courts in England will have access to liaison and diversion services by 2014: similar services exist in Wales.
A major role for liaison and diversion services in England and criminal justice liaison services in Wales is to assist police custody and court staff in identifying suspects and defendants with possible mental health conditions, learning disabilities and other impairments. Some of these individuals will be diverted away from criminal justice and into healthcare for treatment and care. It is, however, anticipated that many will continue through the criminal justice system, with the appropriate support.
Liaison and diversion/criminal justice liaison staff should be aware of the legal obligations and guidance that will help to facilitate appropriate support for vulnerable defendants.
These include:
- reasonable adjustments for defendants with disabilities, as required by the Equalities Act 2010
- limited special measures, as provided for at section 47 of the Police and Justice Act, 2006
- relevant guidance issued to members of the judiciary and court staff, for example, the Consolidated Practice Direction and Guidance for HMCTS staff on the use of registered and non-registered intermediaries for vulnerable defendants and vulnerable defence and prosecution witnesses.
Liaison and diversion/criminal justice liaison staff should also be aware of the inherent power of members of the judiciary to ensure that necessary support is made available to defendants, according to their personal need, to help ensure their effective participation in court proceedings and to uphold their right to a fair trial.
Further information about liaison and diversion services, including whether services exist in your area, can be found at the National Liaison and Diversion Development Network (NLDDN).
