Law and Rights
- Why We Need Our Human Rights (3) - Mental Health
The Convention has had a profound impact upon the way in which those with mental health problems are treated and cared for. However, this is an important and difficult area where there continues to be room for considerable improvement. ...
- Thursday Roundup
Updated Joint Enterprise: In December 2012, the Director of Public Prosecutions issued new guidance relating to charging decisions where a case involves 'joint enterprise.' The Defence Brief blog takes a look at this thorny topic. ...
- Ian Brady - Tribunal Hearing June 2013
It was in 1966 that Ian Brady and Myra Hindley were convicted at Chester Assizes* (Fenton Atkinson J and a jury) of the murders of children. Both were sentenced to life imprisonment. Hindley died in November 2002. Brady has been held...
- Human Rights - A Short Update
Council of Europe Report: The 6th Annual Report of the Council of Europe's Committee of Ministers has been published. It deals with Supervision of the execution of judgments and decisions of the European Court of Human Rights. Foreign...
- Deprivation Of Liberty: The Worrying Case Of Stephen Neary
Stephen Neary is aged 20. He is autistic. He lived with his father (Michael) until his father had a serious bout of influenza and was temporarily unable to care for him. Michael arranged for Stephen to be cared for at a local authority...
Law and Rights
Mental Health Courts
During 2009, so-called ?Mental Health Courts? were piloted at Magistrates? Courts in Brighton and Stratford and an evaluation report has been published ? see ?Process Evaluation of the Mental Health Court pilot? (September 2010 - Drs. Jane Winstone and Francis Pakes). The experiences of some offenders dealt with by the ?Mental Health Courts? are documented in separate reports which may be read here.
If Mental Health Courts are to have any chance of success, appropriate resources are essential and so is training of the judiciary. Community sentences can be tailored to the circumstances of the particular offender and a key element in a sentence might be periodic reviews by the court of the offender?s progress. Such ?in court? reviews have often proved to be beneficial in dealing with offenders sentenced to a drug rehabilitation requirement.
The evaluation report states that - ?Extensive multi-agency collaboration and data-sharing arrangements were achieved in both sites.? It remains to be seen whether, in these financially difficult times, such resources and training will be available at all the courts as this project is ?rolled out.?
This is an important development in criminal justice but the question remains whether it will be just another ?initiative? which flounders for lack of adequate resources. Alternatives to prison are not necessarily cheap.
Mental Health Courts have been tried in other countries ? notably the USA . For some of the literature on this see National Center for State Courts which concludes on the positive note that Mental Health Courts showed great promise in their attempt to address the unique needs of the mentally ill who enter the criminal justice system.
Addendum 28th October: The UK Human Rights Blog has also taken a look at Mental Health Courts. See the item by barrister Adam Wagner - "Specialist Mental Health Courts are a good idea which may never happen" - 17th September 2010. Please also have a look at the comments to this post, one of which is from Mr Wagner.
The criminal law and mental health have a complex and somewhat uneasy relationship. It is hoped to explore some of those issues in later posts.
Addendum 28th October: The UK Human Rights Blog has also taken a look at Mental Health Courts. See the item by barrister Adam Wagner - "Specialist Mental Health Courts are a good idea which may never happen" - 17th September 2010. Please also have a look at the comments to this post, one of which is from Mr Wagner.
The criminal law and mental health have a complex and somewhat uneasy relationship. It is hoped to explore some of those issues in later posts.
- Why We Need Our Human Rights (3) - Mental Health
The Convention has had a profound impact upon the way in which those with mental health problems are treated and cared for. However, this is an important and difficult area where there continues to be room for considerable improvement. ...
- Thursday Roundup
Updated Joint Enterprise: In December 2012, the Director of Public Prosecutions issued new guidance relating to charging decisions where a case involves 'joint enterprise.' The Defence Brief blog takes a look at this thorny topic. ...
- Ian Brady - Tribunal Hearing June 2013
It was in 1966 that Ian Brady and Myra Hindley were convicted at Chester Assizes* (Fenton Atkinson J and a jury) of the murders of children. Both were sentenced to life imprisonment. Hindley died in November 2002. Brady has been held...
- Human Rights - A Short Update
Council of Europe Report: The 6th Annual Report of the Council of Europe's Committee of Ministers has been published. It deals with Supervision of the execution of judgments and decisions of the European Court of Human Rights. Foreign...
- Deprivation Of Liberty: The Worrying Case Of Stephen Neary
Stephen Neary is aged 20. He is autistic. He lived with his father (Michael) until his father had a serious bout of influenza and was temporarily unable to care for him. Michael arranged for Stephen to be cared for at a local authority...