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Mental Health: Victims and Witnesses

Plain-English digest of CPS prosecution guidance.

All CPS 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 It may omit detail or fall out of date.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 relevant to victims and witnesses suffering from mental health conditions or disorders. It provides insights into obtaining relevant information and considerations regarding competence, credibility, and reliability of such victims and witnesses during prosecution. Additionally, it discusses support mechanisms and special measures available for individuals with mental health conditions in the judicial process.

Key points

  • Victims with mental health conditions require individualized assessments based on their circumstances.
  • Prosecutors should consider special measures for vulnerable witnesses.
  • Competence in giving evidence may be influenced by a victim's mental health status.
  • Prosecutors must not make assumptions about the support needs of victims with mental health conditions.
  • Disclosure of sensitive material must be handled with care to protect victims' rights.

Public-interest factors

  • High vulnerability of the victim increases the need for prosecution.
  • Existence of a relationship of trust between suspect and victim underlines prosecution necessity.
  • Motivation driven by prejudice against the victim's characteristics heightens public interest in prosecuting.
Mental Health Act OffencesDisability Hate CrimeCrimes Against Older PeopleVictim Personal Statements
Read the full guidance on cps.gov.uk
Last reviewed: 25 April 2023 · Next review due: 25 October 2023

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.