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Mental Health & Learning Disabilities in the Criminal Courts

Information for magistrates, district judges and court staff

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i. Community Orders

Section 177 Criminal Justice Act 2003 introduced Community Orders. Court ordered community sentences have been shown to be more effective in reducing reoffending than short prison sentences. For example, reoffending rates in 2008 for offenders serving community sentences were 8% lower than similar offenders serving custodial sentences of less than 12 months (Ministry of Justice, 2012).

There are 14 different requirements that can be applied to Community Orders, according to the needs of the offender. The Ministry of Justice have highlighted the importance of tailoring Community Orders to the individual offender (Ministry of Justice, 2012). The Mental Health Treatment Requirement can be used to address an offender’s mental health needs. Offenders with learning disabilities are likely to need additional support to undertake Community Order requirements, and cognitive behaviour treatment programmes, such as offending behaviour programmes, will need to be adapted.

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