Diversion of mentally disordered people from the criminal justice system in England and Wales: An overview

International Journal of Law and Psychiatry
David V James

Abstract

The form that diversion mechanisms take in a given jurisdiction will be influenced both by mental health law and sentencing policies, and by the structure of criminal justice and health care systems. In England and Wales, treatment in hospital in lieu of any other sentence is available as a disposal option following a finding of guilt. In addition, there is a National Health Service, free at the point of delivery, the existence of which creates the potential for a co-ordinated nationwide response to mental disorder within the criminal justice system. In recent years, the National Health Service has taken over the delivery of health care in prisons, including psychiatric services, with the principle being one of equivalence between the quality of health provision provided in the community and that provided in prisons. However, problems within the system dictate that an important place remains for add-on diversion initiatives at courts and police stations, which aim to circumvent some of the delays in dealing with mentally disordered people or to prevent them entering the criminal justice system in the first place. It has been demonstrated that such mechanisms can be highly effective, and a government-sponsored review in 1992 rec...Continue Reading

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Citations

Apr 25, 2015·International Journal of Law and Psychiatry·Peter VerbekeTom Vander Beken
Nov 11, 2011·International Journal of Law and Psychiatry·Mary GallagherJennifer L S Teller
Dec 7, 2013·Criminal Behaviour and Mental Health : CBMH·Samir SrivastavaRajesh Nadkarni
Dec 23, 2016·Journal of Forensic Sciences·Aude LepreslePatrick Chariot
Apr 21, 2018·International Journal of Environmental Research and Public Health·Nick BourasThomas Craig
Jul 12, 2014·The British Journal of Psychiatry : the Journal of Mental Science·Michael DoyleJenny Shaw
Jun 2, 2011·The British Journal of Psychiatry : the Journal of Mental Science·Alec Buchanan, Adrian Grounds
Jul 4, 2019·International Journal for Equity in Health·Barbara Stawińska-WitoszyńskaBarbara Więckowska

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