Mental health and criminal responsibility in the UK is a critical legal matter. The law says that guilt requires both a criminal act and intent. Mentally challenged offenders are treated under the Mental Health Act 1983. This is done through mental health act principles. In this blog, we will overview the legal insights on mental health and criminal responsibility in the UK. Let’s get started!
What is Mental Health and Criminal Responsibility?
According to a report from the National Institute for Health and Care, around 39% of people in police custody have some form of mental disorder.
The court considers these factors in criminal cases about mental health:
1. Insanity:
It means an offender could not understand their actions at the time of the crime. The court checks if the offender could tell right from wrong then.
2. Diminished responsibility:
It applies specifically to homicide cases. It seeks to reduce a murder charge to manslaughter. It proves the offender was impaired in making a rational judgment at the time of the crime.
3. Fitness to plead:
An offender may be declared unfit to stand trial if they cannot understand their proceedings.
Some mental illnesses raise the risk of committing a crime. The risk is high if you:
- Haven’t received timely treatment
- Experience delusions
- Have been going through paranoia for a long time
Other risk factors that contribute to mental issues and crime include:
- Substance abuse
- Homelessness
- Joblessness
- Side effects of certain mental health issues like cognitive impairment
That said, proving any of these factors requires a thorough assessment. It is the only way judges can be convinced about a criminal’s mental impairment.
According to the Journal “Mental Health Exemptions to Criminal Responsibility: Between law, medicine, politics and security”.
“Even in cases where a defendant has been found to have carried out the act, if mentally ‘ill enough’, the person could either be fully exempt from criminal responsibility and found not guilty – or be partially exempt and receive a reduced or special sentence on mental health grounds.”
-Rita Augestad Knudsen
Read more about Mental health assessments in the UK.
Legal Framework of Mental Health and Criminal Responsibility
UK law considers mental health and criminal responsibility an important factor in the justice system. However, it recommends mental health act principles before an offender can be declared mentally ill. Below, we have reviewed the steps involved in the UK’s criminal court proceedings.
- You will first have to go to the Magistrates’ Court when charged with an offence. They will proceed with your case or send you to the Crown Court.
- You will have the right to get legal advice from a solicitor.
- You will need to enter a plea stating whether or not you are guilty. If you are mentally unstable for legal proceedings, the court may declare you unfit for trial.
- Before starting your trial, the court will decide where you can stay. They may grant you bail to go home or ask you to go to another address. They can also decide to send you to prison on remand or hospital for mental health assessment.
- During the trial, you will be allowed to contend the guilty charge against you. You will not be able to use your mental illness as a defence, though, except in a few circumstances.
- The court will discuss your mental illness after you are found guilty. You will have the right to appeal against the decision if you disagree.
Mental Health Act 1983 and Criminal Justice
The MHA provides a legal structure for mental health and criminal responsibility. These Mental health act principles are classified into several sections, some of which deal with criminal behaviour.
Read more about Mental Health Act 1983 legal Insights.
Here is an overview of MHA sections related to criminal justice:
Section 37
Under this section, the court will order to send you to a hospital for your mental treatment. You will not go to prison. The duration of your hospital stay under this section can be up to six months. However, your responsible clinician may renew your stay if they find it necessary.
Section 37/41
This section is an order for your hospital care but with added restrictions. The court may use it if they think you can pose a risk to others. The addition of section 41 to this order means that the court has considered:
- Your offence’s seriousness
- Your history of past offences
- Your tendency to commit more crimes in the future
Section 47
This section applies when you are found to have mental illness while serving a prison sentence. The prison officials may transfer you to the hospital. This is done with the permission of the Ministry of Justice.
The hospital will transfer you back to prison once your treatment is complete.
Section 47/49
This order combines section 47’s instructions with added restrictions. The Ministry of Justice adds section 49 restrictions if:
- You have a mental illness.
- You pose a risk to yourself and others around you.
- Your treatment is available in the hospital.
Section 48/49
Section 48
It contains orders for the inpatient care of the prisoner on remand. This section also covers transfers of individuals in Immigration Removal Centres to the hospital.
Section 49
Some restrictions are added by the Ministry of Justice when appropriate. These restrictions bind your responsible clinician to get permission from MOJ before:
- Issuing your hospital discharge
- Issuing your section 17 leave
- Ordering your transfer to another hospital
In this way the Act ensures that mental health and criminal responsibility is taken well into account during trials.
Explore more to get A Legal Overview on Section 136 Mental Health Act.
Insanity Defence and Legal Criteria
The insanity defence for mental health and criminal responsibility applies when you have a severe mental condition at the time of the crime. But you will need to prove your condition in a court of law. A qualified psychologist will assess you and present their findings to the court.
The court will consider you not guilty if your defence is proven. They will then send you to a hospital or issue a supervision order.
What Can an Expert Witness Do?
They play a crucial role in criminal cases. This is especially true when the offence involves a mental element. They perform cognitive assessments of criminals and give their testimony in court. They also prepare witness reports that cover all the possible psychic triggers of the offensive behaviour.
Learn more about How Psychiatric Expert Assessment Aid the Legal Process in the UK?
How Can Concise Medico Help you?
Here we are with our legal insights on mental health and criminal responsibility in the UK. Cognitive factors do influence crime. UK law has adequate measures to deal with them. At Concise Medico, we prepare detailed psychological witness reports to help you with your court proceedings.
FAQs
Mental health and criminal responsibility in the UK is a critical legal matter. The law says that guilt requires both a criminal act and intent. Mentally challenged offenders are treated under the Mental Health Act 1983. This is done through mental health act principles. In this blog, we will overview the legal insights on mental health and criminal responsibility in the UK. Let’s get started!
What is Mental Health and Criminal Responsibility?
According to a report from the National Institute for Health and Care, around 39% of people in police custody have some form of mental disorder.
The court considers these factors in criminal cases about mental health:
1. Insanity:
It means an offender could not understand their actions at the time of the crime. The court checks if the offender could tell right from wrong then.
2. Diminished responsibility:
It applies specifically to homicide cases. It seeks to reduce a murder charge to manslaughter. It proves the offender was impaired in making a rational judgment at the time of the crime.
3. Fitness to plead:
An offender may be declared unfit to stand trial if they cannot understand their proceedings.
Some mental illnesses raise the risk of committing a crime. The risk is high if you:
- Haven’t received timely treatment
- Experience delusions
- Have been going through paranoia for a long time
Other risk factors that contribute to mental issues and crime include:
- Substance abuse
- Homelessness
- Joblessness
- Side effects of certain mental health issues like cognitive impairment
That said, proving any of these factors requires a thorough assessment. It is the only way judges can be convinced about a criminal’s mental impairment.
According to the Journal “Mental Health Exemptions to Criminal Responsibility: Between law, medicine, politics and security”.
“Even in cases where a defendant has been found to have carried out the act, if mentally ‘ill enough’, the person could either be fully exempt from criminal responsibility and found not guilty – or be partially exempt and receive a reduced or special sentence on mental health grounds.”
-Rita Augestad Knudsen
Read more about Mental health assessments in the UK.
Legal Framework of Mental Health and Criminal Responsibility
UK law considers mental health and criminal responsibility an important factor in the justice system. However, it recommends mental health act principles before an offender can be declared mentally ill. Below, we have reviewed the steps involved in the UK’s criminal court proceedings.
- You will first have to go to the Magistrates’ Court when charged with an offence. They will proceed with your case or send you to the Crown Court.
- You will have the right to get legal advice from a solicitor.
- You will need to enter a plea stating whether or not you are guilty. If you are mentally unstable for legal proceedings, the court may declare you unfit for trial.
- Before starting your trial, the court will decide where you can stay. They may grant you bail to go home or ask you to go to another address. They can also decide to send you to prison on remand or hospital for mental health assessment.
- During the trial, you will be allowed to contend the guilty charge against you. You will not be able to use your mental illness as a defence, though, except in a few circumstances.
- The court will discuss your mental illness after you are found guilty. You will have the right to appeal against the decision if you disagree.
Mental Health Act 1983 and Criminal Justice
The MHA provides a legal structure for mental health and criminal responsibility. These Mental health act principles are classified into several sections, some of which deal with criminal behaviour.
Read more about Mental Health Act 1983 legal Insights.
Here is an overview of MHA sections related to criminal justice:
Section 37
Under this section, the court will order to send you to a hospital for your mental treatment. You will not go to prison. The duration of your hospital stay under this section can be up to six months. However, your responsible clinician may renew your stay if they find it necessary.
Section 37/41
This section is an order for your hospital care but with added restrictions. The court may use it if they think you can pose a risk to others. The addition of section 41 to this order means that the court has considered:
- Your offence’s seriousness
- Your history of past offences
- Your tendency to commit more crimes in the future
Section 47
This section applies when you are found to have mental illness while serving a prison sentence. The prison officials may transfer you to the hospital. This is done with the permission of the Ministry of Justice.
The hospital will transfer you back to prison once your treatment is complete.
Section 47/49
This order combines section 47’s instructions with added restrictions. The Ministry of Justice adds section 49 restrictions if:
- You have a mental illness.
- You pose a risk to yourself and others around you.
- Your treatment is available in the hospital.
Section 48/49
Section 48
It contains orders for the inpatient care of the prisoner on remand. This section also covers transfers of individuals in Immigration Removal Centres to the hospital.
Section 49
Some restrictions are added by the Ministry of Justice when appropriate. These restrictions bind your responsible clinician to get permission from MOJ before:
- Issuing your hospital discharge
- Issuing your section 17 leave
- Ordering your transfer to another hospital
In this way the Act ensures that mental health and criminal responsibility is taken well into account during trials.
Explore more to get A Legal Overview on Section 136 Mental Health Act.
Insanity Defence and Legal Criteria
The insanity defence for mental health and criminal responsibility applies when you have a severe mental condition at the time of the crime. But you will need to prove your condition in a court of law. A qualified psychologist will assess you and present their findings to the court.
The court will consider you not guilty if your defence is proven. They will then send you to a hospital or issue a supervision order.
What Can an Expert Witness Do?
They play a crucial role in criminal cases. This is especially true when the offence involves a mental element. They perform cognitive assessments of criminals and give their testimony in court. They also prepare witness reports that cover all the possible psychic triggers of the offensive behaviour.
Learn more about How Psychiatric Expert Assessment Aid the Legal Process in the UK?
How Can Concise Medico Help you?
Here we are with our legal insights on mental health and criminal responsibility in the UK. Cognitive factors do influence crime. UK law has adequate measures to deal with them. At Concise Medico, we prepare detailed psychological witness reports to help you with your court proceedings.
