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Mental Health & Learning Disabilities in the Criminal Courts

Information for magistrates, district judges and court staff

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Summary

  • People with mental health conditions and learning disabilities frequently appear before the criminal courts, however, their condition is not always recognised in advance of their appearance in court.
  • Recognising and meeting a defendant’s support needs are important in ensuring they are not unfairly disadvantaged or discriminated against during court proceedings.
  • It can be difficult to spot when a defendant might be vulnerable in court.
  • If you are in any doubt about a defendant’s ability to understand or to participate effectively in court proceedings you should seek further information and advice.
  • There are a number of ways in which you can obtain further information about a defendant’s particular support needs.

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