Sentencing offenders with mental disorders, developmental disorders or neurological impairments: what does the new Sentencing Council Guideline mean for psychiatrists?

Abstract

Summary The new Sentencing Council Guideline on sentencing offenders with mental disorders, effective from 1 October 2020, is essential reading for all psychiatrists who give evidence in the criminal courts, revealing something of required judicial thinking, our common ground on public safety concerns but differences in focus on culpability and punishment.

Prevalence of mental disorders in defendants at criminal court

“…In recent years, the UK has seen the rollout of court L&D schemes alongside new guidance considering the prosecution and sentencing of defendants with mental disorder, yet robust data on mental health in this population has been lacking. 4 This is the first study to examine the prevalence of a wide range of mental disorders in defendants attending criminal court in the UK. Until now, policy makers have relied on a 1999 study carried out by Shaw et al, 18 which estimated levels of serious mental illness in Magistrates' Court defendants aged 21-38 years.…”

“…Decisions on whether to continue prosecution and appropriate sentencing rely heavily on whether the defendant has particular mental health needs, yet there is a dearth of research-quality data informing these. 4 Many criminal defendants have had no prior contact with mental health services, and high levels of morbidity go undetected and untreated. 2,5 Identifying those who require assessment and treatment remains problematic.…”