Clearer Sentencing Guidelines Offer More Support For Vulnerable Adult Offenders

Published date18 November 2020
Subject MatterEmployment and HR, Food, Drugs, Healthcare, Life Sciences, Discrimination, Disability & Sexual Harassment
Law FirmBCL Solicitors LLP
AuthorMr Daniel Jackson

BCL Associate Daniel Jackson's article titled 'Clearer sentencing guidelines offer more support for vulnerable adults' has been published by Mental Health Practice.

Here's an extract from the article:

New guidelines for sentencing adult offenders with mental health disorders and learning disabilities came into force in England and Wales at the start of October.

They state impairments or disorders should always be considered by the courts in terms of the offender's ability to understand and participate in proceedings. They also detail factors judges and magistrates should consider when deciding whether culpability is reduced.

The guidelines have been welcomed for providing much-needed clarity in this area. While some of the 130+ existing offence-specific sentencing guidelines mentioned mental health and learning disabilities as factors to consider, there was nothing setting out in detail how the individual needs of these groups should be considered.

40% of people detained by police in England and Wales have a mental health condition (Source: National Institute for Health and Care Excellence) An estimated 30% of the prison population has a learning disability

The guidelines were produced by the Sentencing Council, an independent body that promotes transparency and consistency in sentencing. It says it was prompted to do so by the increasing numbers of people with mental health conditions and learning disabilities coming before the courts.

Figures suggest 40% of people detained in custody have a mental health condition, though because there is no routine monitoring it is impossible to be sure of the scale of the issue. Data on learning disabilities is even harder to identify, although the charity the Prison Reform Trust believes about 30% of the prison population has a learning disability.

'It will be important to check over time where people go - prison or hospital - and if that was right for them'

Independent learning disability consultant nurse, Debra Moore, who has a background in clinical forensic services, says the guidelines are much needed. 'People have been lobbying hard for this for some time. It is a human rights issue. Finding yourself in the courts system is scary for anyone, but if you have a mental health condition or cognitive impairment there is no way you can present yourself in the best way, so it is great that we now have this guidance.'

'Too many people with mental health conditions are going to prison when they are clearly unwell'

But...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT