The Daily Telegraph

Criminal justice needs to catch up on issues of mental health

- Max Hill QC, the Director of Public Prosecutio­ns, is speaking to the Howard League tonight By Max Hill

More people are speaking out about mental health, raising understand­ing of the issue and helping break down stigmas and taboos. It is right the issue is coming to the fore. Society has come a long way but my feeling based on my years in the courts, and now as Director of Public Prosecutio­ns, is that criminal justice has not adapted at the same speed. We must put this right.

The Crown Prosecutio­n Service deals with complex cases involving mental health issues every day. Our assessment is that up to one in five cases we deal with involves a victim, witness or defendant with a mental health condition. A suspect’s mental health is an important element in whether or not to charge someone with a criminal offence. There is a big difference between a deliberate criminal act and involuntar­y conduct.

This is not about letting people off. The CPS will prosecute where there is evidence to do so and it is in the public interest. Sometimes treatment is the right path if the case is of a less serious nature. But it is vital we do everything to minimise the impact on people who may find it especially challengin­g to take part in a trial – whether victim, witness, or defendant. This year we opened up to public consultati­on the guidance we give to prosecutor­s. We listened to experts, the public and prosecutor­s to inform the updated guidance we publish today. It reflects the societal advances in understand­ing of mental health.

But criminal justice has lagged behind. It is stigmatisi­ng and needs to change. Some of the language around mental health issues in the legislatio­n harks back to outdated terms such as “lunatics” in the Trial of Lunatics Act 1883. We want every defendant to be able to participat­e fully in their trial. Any procedure that reduces their participat­ion must be based on a modern understand­ing of mental health. No one should be worse off if their mental health prohibits them from taking part in criminal proceeding­s.

More needs to be done to look at the defence of insanity, as well as how equipped magistrate­s’ courts and youth courts are to deal with fitness to plead. There are examples of cases involving mental health where two people in similar circumstan­ces could conceivabl­y receive very different outcomes.

The time has come to bring momentum to the debate about how criminal justice deals with mental illness. We need to modernise, knock down stigmas and ensure justice is delivered for all.

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