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Mental Health & Learning Disabilities in the Criminal Courts

Information for magistrates, district judges and court staff

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Sentencing summary

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.

Further reading:

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