Prosecuting psychiatric patients who assault staff: a New Zealand perspective

Abstract

Despite an increasing awareness that prosecution of patients for violent acts is an option for psychiatric staff, such referrals to the police and subsequent convictions remain rare. In the absence of clear national policies, individual hospitals must be proactive in formulating flexible policies to address such incidents on a case by case basis.

Responses to inpatient victimisation in mental health settings in England and Wales

“…The study does not record whether the alleged victims in these cases were inpatients or staff members, nor did it seek to explore the reasons for infrequent reporting to the police. In a New Zealand study, Kumar et al (2006) explored the rates of referring mental health inpatients to the police for possible prosecution of acts of ‘physical or verbal aggression’ drawing upon the case files of patients and the unit’s log of ward incident forms over a two-year period. Data were available for 31 incidents directed at staff or other inpatients.…”

Is There a Systematic Bias in the Prosecution of Psychiatric Patients Who Assault Staff?

“…We were surprised by the assertion of Kumar et al that there was no identifiable pattern or common factor among the inpatients whose behaviour prompted clinicians to call the police [1]. Although 12/30 (40%) of the perpetrators of violent incidents had been non-Maori, only Maori patients had been reported to the police.…”