Custody and court liaison services divert people with mental health problems from the criminal justice system to the health service before they get to prison.
Community Sentences divert offenders at an earlier stage. The community order and its mental health treatment requirement is potentially a very important source of intervention and diversion for offenders with mental health problems.
We believe that diversion and early intervention is crucial to ensure appropriate care and treatment of offenders with mental health and complex needs.
In December 2007, Lord Bradley was asked to carry out a review of how more offenders with severe mental health problems can be diverted away from prison and into more appropriate facilities. Lord Bradley is expected to report his findings in summer 2008 to the Department of Health and the Ministry of Justice.
We are involved with the Working Group for this review and have submitted evidence based on our research projects, including information on Community Orders and the Mental Health Treatment Requirement.
In November 2007, we responded to the consultation by the Sentencing Guidelines Council which looked at the relationship between the varying levels of harm created by the breach of an order and the offender's culpability in failing to comply.
We have responded with the data on the use of ASBOs for people with mental health problems. We have shown evidence that ASBOs have been issued where better alternatives were available and that breaching an ASBO can lead into the criminal justice system. We conclude with recommendations.
Download our response to the ASBO consultation (130 KB)
Recent studies have indicated that mental health problems among offenders serving community sentences are considerably high.
The 'Community Order' gives sentencers a choice of twelve requirements that can be issued to offenders, one of which is the Mental Health Treatment Requirement. Since 2005 the MHTR has accounted for less than 1% of all requirements issued.
Our research aims to understand how the MHTR works in practice and the factors that facilitate/prevent the issue of the requirement. The study will also explore how the offender is managed post-sentence, what treatments are available and the effectiveness of the MHTR in improving offender's mental health and reducing re-offending.
The study will be conducted in London in four phases, at the court level, probation, healthcare services and finally with offenders currently on a MHTR.
Courts: we are interviewing judges, magistrates, legal advisors and solicitors about the decision-making behind sentencing, difficulties in making the order, knowledge of mental health and interface between different agencies.
Probation service: we will approach them about their involvement with offenders with mental health problems and their relationships with court and healthcare services.
Healthcare: we will interview healthcare professionals including psychiatrists, CPNs and GPs to find out about the treatments available to offenders on a MHTR, its effectiveness and its impact on offending behaviour.
Offenders: we will explore the views of offendesr currently receiving the treatment.
Discussions with court professionals have revealed some interesting initial findings relating to psychiatric reports, ability to recognise mental illness, issues surrounding breech and consent etc.
The review started in November 2007 and will produce a full report later in 2008. For more information, contact Husnara Khanom.
We are reviewing the effectiveness of models of diversion from around the world to assess whether they could be adapted for use in the UK.
We are reviewing the international literature and carrying out interviews with relevant stakeholders.
The video conference between world-renowned experts from seven countries gathered together to exchange current thinking, identify gaps in research and debate the way forward towards creating comprehensive and effective services. The participants discussed issues such as getting support for diversion, the cost benefits, local initiatives, what people might be diverted into and multi-agency working.
A summary of the conference is available to download below. The research into criminal justice liaison and diversion will continue during 2008 and culminate in a fuller report.
Download Video Conference Summary (44 KB)
This project started in October 2007 and will run for a year. For more information, contact Chiara Samele.