The Scotsman

US judge concerned over use of remand

● Creator of pioneering mental health court calls for serious alternativ­es

- By CHRIS MARSHALL

A pioneering judge credited with setting up America’s first mental health court has expressed concern about vulnerable young people being held on remand.

Judge Ginger Lerner-wren is currently visiting Scotland with fellow US judge Victoria Pratt, and has met justice secretary Humza Yousaf and a number of criminal justice experts.

Speaking to The Scotsman, she called for alternativ­es to remand for young people suffering with mental health problems. Her comments came following a visit to Polmont Young Offenders’ Institutio­n where vulnerable teenager William Lindsay, 16, killed himself within 48 hours of being remanded in October, despite being identified as a suicide risk.

The Florida-based judge also said a presumptio­n against sentences of less than a year could lead to the “unintended consequenc­e” of sheriffs handing down longer jail terms.

“The suicide epidemic in the United States and globally is extremely serious and particular­ly the suicide rate in US jails where it is the number one cause of death,” she said.

“Jail diversion is important to try and mitigate that risk, particular­ly as we know a significan­t percentage of young people have unidentifi­ed mental health issues.”

Asked whether she had concerns about vulnerable young people being held on remand, she said: “Absolutely. Our goal is to identify individual­s as swiftly as they can when they enter the criminal justice system. We have a process [in the US] of rapid diversion into our mental health court where we have a clinician. The courtroom becomes a triage unit.”

Ms Lerner-wren establishe­d the mental health court in Broward County, Florida in 1997, allowing defendants to be diverted for treatment.

Ms Pratt, a judge based in New Jersey, said she was impressed by some of the initiative­s under way at Polmont, including work to build positive relationsh­ips between inmates and the police.

The Scottish Government has set up a review to look at mental health provision at the institutio­n following the death of William and of Katie Allan, 21, who took her own life after being sentenced to 16 months.

Katie’s parents have accused prison staff of failing to heed warnings that their daughter was vulnerable and had a history of self-harming.

Ms Lerner-wren also said the introducti­on of a presumptio­n against sentences of less than a year by the Scottish Government could undermine judicial independen­ce.

She said: “My concern is the potential for a counter-intuitive type outcome – the unintended consequenc­es when you try to dictate judicial discretion with sentencing.

“Somebody could actually end up getting a longer sentence. I think it’s very important from a judicial independen­ce standpoint to allow judges the discretion to sentence as they see fit based on the nature of the offence. I really think judges know best.”

The Scottish Government has backed community sentencing as an alternativ­e to short jail terms as a way of tackling re-offending.

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