Mental Health: Suspects and Defendants
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance outlines the principles and considerations involved in prosecuting individuals with mental health conditions, addressing key issues such as the decision to prosecute, diversion from prosecution, and mental health assessments at various stages of the legal process. It emphasizes the importance of considering a suspect's mental health and cognitive abilities when determining culpability and public interest in prosecution. The document also discusses the legal context regarding human rights and the necessity of reasonable adjustments in legal proceedings.
Key points
- Prosecutors must consider a defendant's mental health condition in charging decisions.
- Cases involving mental health conditions should be flagged in the Case Management System.
- Prosecutors should reference the Equality Act to ensure compliance with disability responsibilities.
- Mental health assessments can influence decisions regarding bail and trial procedures.
- Diversion from prosecution should be considered for defendants with mental health issues.
- Prosecutors are encouraged to seek relevant medical information before charging decisions.
Public-interest factors
- Impact of prosecution on defendant's mental health
- Seriousness of the offence
- Likelihood of reoffending
- Safeguarding the public
- Views of the victim
- Potential for diversion or treatment.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.