TABLE OF CONTENT
- How Mental Health Diagnoses Impact Legal Proceedings in the UK
- Understanding Mental Health Diagnoses
- Frequent Mental Health Conditions Relevant to Legal Proceedings
- Schizophrenia
- Bipolar Disorder
- Depression
- Anxiety Disorders
- Acute Stress Disorder (ASD)
- Legal Framework in the UK Explanation of Laws and Regulations
- Mental Health Diagnoses Influence Legal Proceedings
- Decision to Prosecute
- Fitness to Plead
- The process of the trial
- Sentencing
- Community Treatment Orders (CTOs):
- Diversion Programs:
- Conclusion
How Mental Health Diagnoses Impact Legal Proceedings in the UK
In the UK, the effect of mental health diagnoses upon legal proceedings would be extensive and carry many implications. For instance, right from the decisions to prosecute through to the process of the trial and its outcome. Mental health conditions contribute in a high order of importance in shaping legal decisions. This blog will address the
- Matter of appropriate legislation
- Impact on prosecution and trial
- Sentencing procedures
Read out and learn about how different legal organisations in the UK handle mentally unstable situations.
Understanding Mental Health Diagnoses
Let’s learn the definition first.
Definition of Mental Health Diagnoses
Mental health diagnoses are the identification process of mental health conditions. The process uses strict criteria developed by diagnostic manuals such as DSM-5 or ICD-10. Qualified psychiatrists make accurate diagnoses. They observed
- symptoms
- past medical history of the patient
- provide further assessments
- Prescribes some tests
Frequent Mental Health Conditions Relevant to Legal Proceedings
Some emotional conditions often interact with criminal cases. The mental health diagnosis list UK is necessary for professional psychiatrists to identify and treat emotional disorders accurately. Some of them are listed below:
Schizophrenia
A UK organisation living with schizophrenia reported approximately 1 in 100 people will experience an episode of schizophrenia at some point in their lives.
- It is a first example of a serious emotional disorder.
- It consisted of distorted thoughts, perceptions, and emotions.
- Some people also experience delusion, hallucinations, and functionality impairment.
Bipolar Disorder
- Characterised by highly polarised changes in mood, such patients go through phases of mania and depression.
- The state of mania brings about risky or impulsive behaviour that may lead to legal problems.
Depression
- A very common cognitive disorder that causes feelings of sadness, hopelessness, and a loss of interest in activities.
- In the case of severe depression, the negative judgement may be impaired.
- Severe depression leads to actions or behaviours that have legal implications.
Anxiety Disorders
- Conditions such as generalised anxiety disorder, panic disorder, and social anxiety disorder.
- They create disproportionate fear and anxiety in the mind.
- Anxiety in a legal set-up may be so bad that it restricts grip on the legal process
Acute Stress Disorder (ASD)
- It is a group of developmental conditions that impacts communication, behaviour, and social interaction ability.
- The individual may fail to appreciate certain social expectations or legal standards.
Legal Framework in the UK Explanation of Laws and Regulations
An important first step is an understanding of the legal frameworks within which mental health diagnoses have an impact. Mental Health Act 1983 provides the framework for the detention, assessment, and treatment of people in England and Wales. Equality Act 2010 provides the provision for the protection of the rights of patients suffering from mental health conditions. It is based on discrimination in employment, education, and access to services.
Mental Health Diagnoses Influence Legal Proceedings
Decision to Prosecute
This will obviously weigh heavily in making the decision to prosecute. The Crown Prosecution Service CPS balances mental health effects on the person’s behaviour with the seriousness of the offence. For example, if a person’s demeanour stemmed from poor mental health. The CPS may not want to prosecute. In such cases, alternative measures like treatment or diversion programs can be taken.
Fitness to Plead
Fitness to plead represents a person’s understanding regarding
- Information about charges made against him
- The process of protection
In the UK legal system, there are certain criteria to treat somebody unfit to plead. Psychiatric evaluations are thus made to determine whether a defendant is fit to plead or not.
The process of the trial
In a case where a defendant has been declared mentally ill. Then the criminal justice system has the responsibility to ensure the fair trial process. Some of these accommodative measures entail
Intermediaries:
- Expert psychiatrists assist a person with communication problems to understand questions and give their answers in court.
Witness Testimony Adjustments:
- Several changes can be made to a witness’s evidence statements.
- Some changes included giving evidence via video link and receiving support while doing so.
- These adjustments prevent their cognitive health from causing an unfair disadvantage.
Sentencing
‘‘It is important that courts are aware of relevant cultural, ethnicity and gender considerations of offenders within a mental health context. This is because a range of evidence suggests that people from ethnic minority backgrounds may be more likely to experience stigma attached to being labelled as having a mental health concern, may be more likely to have experienced difficulty in accessing mental health services and in acknowledging a disorder and seeking help, may be more likely to enter the mental health services via the courts or the police rather than primary care and are more likely to be treated under a section of the MHA.’’
Sentencing Council
Diagnosis of mental health can also impact sentences imposed by the courts. Emotional disorders do not excuse actions. But, they allow for some consideration in sentencing. The court must recognise that some were responsible for the offence.
Courts can impose the following sentences:
Community Treatment Orders (CTOs):
- In such orders, lack of commitment to a hospital, but rather to the community where an individual is required to undergo treatment.
Diversion Programs:
- Sometimes, people with emotional issues may be sent from the criminal system to rehab centres for treatment.
Case of Nicholas Salvador
You can take the idea of the influence of emotional health on the legal system from Nicholas Case study.
In the year 2015, a man named Nicholas Salvador, diagnosed with paranoid schizophrenia, killed one woman in a gruesome attack. His insanity plea was the main reason in the said case. So, he was acquitted on the grounds of insanity. Salvador was detained in concern with a secure psychiatric hospital, and this case goes ahead to show the intricate relationship that exists between mental health and criminal responsibility.
Conclusion
In a nutshell, the legal system is supposed to manage mental health diagnoses and their major challenges. But at the same time, it will have to ensure mentally disabled people receive appropriate treatment. Contact Concise Medico if you want an expert witness report or rehabilitation services.
How Mental Health Diagnoses Impact Legal Proceedings in the UK
In the UK, the effect of mental health diagnoses upon legal proceedings would be extensive and carry many implications. For instance, right from the decisions to prosecute through to the process of the trial and its outcome. Mental health conditions contribute in a high order of importance in shaping legal decisions. This blog will address the
- Matter of appropriate legislation
- Impact on prosecution and trial
- Sentencing procedures
Read out and learn about how different legal organisations in the UK handle mentally unstable situations.
Understanding Mental Health Diagnoses
Let’s learn the definition first.
Definition of Mental Health Diagnoses
Mental health diagnoses are the identification process of mental health conditions. The process uses strict criteria developed by diagnostic manuals such as DSM-5 or ICD-10. Qualified psychiatrists make accurate diagnoses. They observed
- symptoms
- past medical history of the patient
- provide further assessments
- Prescribes some tests
Frequent Mental Health Conditions Relevant to Legal Proceedings
Some emotional conditions often interact with criminal cases. The mental health diagnosis list UK is necessary for professional psychiatrists to identify and treat emotional disorders accurately. Some of them are listed below:
Schizophrenia
A UK organisation living with schizophrenia reported approximately 1 in 100 people will experience an episode of schizophrenia at some point in their lives.
- It is a first example of a serious emotional disorder.
- It consisted of distorted thoughts, perceptions, and emotions.
- Some people also experience delusion, hallucinations, and functionality impairment.
Bipolar Disorder
- Characterised by highly polarised changes in mood, such patients go through phases of mania and depression.
- The state of mania brings about risky or impulsive behaviour that may lead to legal problems.
Depression
- A very common cognitive disorder that causes feelings of sadness, hopelessness, and a loss of interest in activities.
- In the case of severe depression, the negative judgement may be impaired.
- Severe depression leads to actions or behaviours that have legal implications.
Anxiety Disorders
- Conditions such as generalised anxiety disorder, panic disorder, and social anxiety disorder.
- They create disproportionate fear and anxiety in the mind.
- Anxiety in a legal set-up may be so bad that it restricts grip on the legal process
Acute Stress Disorder (ASD)
- It is a group of developmental conditions that impacts communication, behaviour, and social interaction ability.
- The individual may fail to appreciate certain social expectations or legal standards.
Legal Framework in the UK Explanation of Laws and Regulations
An important first step is an understanding of the legal frameworks within which mental health diagnoses have an impact. Mental Health Act 1983 provides the framework for the detention, assessment, and treatment of people in England and Wales. Equality Act 2010 provides the provision for the protection of the rights of patients suffering from mental health conditions. It is based on discrimination in employment, education, and access to services.
Mental Health Diagnoses Influence Legal Proceedings
Decision to Prosecute
This will obviously weigh heavily in making the decision to prosecute. The Crown Prosecution Service CPS balances mental health effects on the person’s behaviour with the seriousness of the offence. For example, if a person’s demeanour stemmed from poor mental health. The CPS may not want to prosecute. In such cases, alternative measures like treatment or diversion programs can be taken.
Fitness to Plead
Fitness to plead represents a person’s understanding regarding
- Information about charges made against him
- The process of protection
In the UK legal system, there are certain criteria to treat somebody unfit to plead. Psychiatric evaluations are thus made to determine whether a defendant is fit to plead or not.
The process of the trial
In a case where a defendant has been declared mentally ill. Then the criminal justice system has the responsibility to ensure the fair trial process. Some of these accommodative measures entail
Intermediaries:
- Expert psychiatrists assist a person with communication problems to understand questions and give their answers in court.
Witness Testimony Adjustments:
- Several changes can be made to a witness’s evidence statements.
- Some changes included giving evidence via video link and receiving support while doing so.
- These adjustments prevent their cognitive health from causing an unfair disadvantage.
Sentencing
‘‘It is important that courts are aware of relevant cultural, ethnicity and gender considerations of offenders within a mental health context. This is because a range of evidence suggests that people from ethnic minority backgrounds may be more likely to experience stigma attached to being labelled as having a mental health concern, may be more likely to have experienced difficulty in accessing mental health services and in acknowledging a disorder and seeking help, may be more likely to enter the mental health services via the courts or the police rather than primary care and are more likely to be treated under a section of the MHA.’’
Sentencing Council
Diagnosis of mental health can also impact sentences imposed by the courts. Emotional disorders do not excuse actions. But, they allow for some consideration in sentencing. The court must recognise that some were responsible for the offence.
Courts can impose the following sentences:
Community Treatment Orders (CTOs):
- In such orders, lack of commitment to a hospital, but rather to the community where an individual is required to undergo treatment.
Diversion Programs:
- Sometimes, people with emotional issues may be sent from the criminal system to rehab centres for treatment.
Case of Nicholas Salvador
You can take the idea of the influence of emotional health on the legal system from Nicholas Case study.
In the year 2015, a man named Nicholas Salvador, diagnosed with paranoid schizophrenia, killed one woman in a gruesome attack. His insanity plea was the main reason in the said case. So, he was acquitted on the grounds of insanity. Salvador was detained in concern with a secure psychiatric hospital, and this case goes ahead to show the intricate relationship that exists between mental health and criminal responsibility.
Conclusion
In a nutshell, the legal system is supposed to manage mental health diagnoses and their major challenges. But at the same time, it will have to ensure mentally disabled people receive appropriate treatment. Contact Concise Medico if you want an expert witness report or rehabilitation services.