Criminal justice needs to catch up on issues of mental health
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 Some of the language around mental health issues in the legislation harks back to outdated terms such as “lunatics” in the Trial of Lunatics Act 1883.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.