Mental health and the criminal justice system

Summary

This section of the Authorised Professional Practice (APP) guides UK police officers in handling cases involving mental health and criminal justice. It emphasizes the necessity for equal access to justice for mentally vulnerable victims and witnesses, advocating for sensitivity and respect in interactions. Officers are instructed to assess the individual needs of victims and witnesses with mental health issues, ensuring thorough investigations without bias regarding their reliability. The text covers critical considerations such as the interaction between mental health issues and criminal behavior, the role of liaison and diversion services, and various legal frameworks like the M’Naughten rules and the Mental Health Act 1983. The importance of mental health in prosecution decisions and the application of special measures for vulnerable witnesses is also highlighted. Overall, the APP encourages a proactive approach to ensuring support and fairness in the criminal justice process for individuals with mental health conditions.

Key principles

• 1Equal access to justice for mentally vulnerable victims and witnesses
• 2Thorough investigations without bias regarding reliability
• 3Proactive referral to health and support services
• 4Consideration of mental health in prosecution decisions
• 5Use of special measures for vulnerable witnesses
• 6Collaboration with health services
• 7Understanding the complexities of mental disorders in criminal behavior

Defined terms

M’Naughten rules on insanity

A test for criminal insanity stating that at the time of the act, the accused was suffering from a defect of reason due to a disease of the mind, and thus did not know the nature and quality of the act, or that it was wrong.

Home Office circular 66/90

A guideline requiring officers to consider diversion for mentally disordered offenders before charging.

Mental Health Act 1983

Legislation providing the framework for the care and treatment of individuals with mental disorders.

Youth Justice and Criminal Evidence Act 1999

A law that allows for vulnerable and intimidated witnesses to receive support during the criminal justice process.