Summary:

• Mental illness or disability can be a mitigating factor in sentencing.
• The particular support needs and abilities of individual offenders should inform your sentencing decisions.
• Taking an offender’s individual needs into consideration can help to avoid unrealistic expectations being placed on them, which might lead to breach.
• You can seek information to help determine the most appropriate sentence for the individual defendant and this includes pre-sentence and medical reports.
• Some offenders with mental health conditions are likely to need help to address their condition before being able to undertake other sentence requirements.
• Despite high numbers of offenders with mental health conditions the Mental Health Treatment Requirement is rarely used.
• Community Order requirements can respond to the particular needs of vulnerable defendants.
• You should be aware of local services that can provide particular support to offenders undertaking community orders.
• You should ensure that offenders understand their sentence and the implications for non-compliance. Additional support might be necessary to serve as a reminder for certain offenders such as those with learning disabilities.
• An appropriate sentence that responds to the needs of the individual offender can help to avoid breach and prevent re-offending.