“In the criminal justice system, the people are represented by two separate but equal groups. The police who investigate crime, and the Crown Prosecution Service who prosecute the offenders. These are their stories”
What a great way to open a TV episode (it’s Law and Order UK, if you’re wondering). The police investigate and the CPS tries it at the courts. SO what of the people being prosecuted? The whole of the British Legal system has loads of safeguards in it that you do not realise. The question that I am looking at in this blog thought is what are the safeguards for people with mental health?
Every case, no matter where is comes from will have a progression on it, whether it is paid immediately or goes to an Approved Enforcement Agent. So in each stage of this process what happens to a person if they have a mental health condition? Think about this. A person who has personality disorder is found causing damage to a property valued under £5000. The police would turn up and arrest that person. The police have a duty of care to that person. The case goes to court. The Court and the CPS have a duty of care. The case probably goes to (What used to be called a bailiff) and Enforcement Agent. Does each stage of the process tell all the others about the person's condition? Well, let's find out.
The first step would be to know what training (If any) the police have in identifying people with mental health issues. This at least would show that they have some interest and some guidance in the situation. So an FoI request went to all police authorities. Now I should be clear here, I mean ALL 71 different police constabularies that are in the UK. On the same FoI request was a few other question but the ones that are relevant here are:
1) How many of the officer are trained in mental health
2) What training was given to them
3) What provision are given to people with mental health issues
Now all bar a few got back in touch with me and were more than willing to send me everything that they had (A VERY honourable mention goes to North Wales Police Force on this one). The interesting thing thing is that ALL the police forces that got back showed that they have some sort of provision for people with mental health issues. In fact most of them, sent me their policy on safeguarding vulnerable people. Check out this link from Devon and Cornwall Police about Mental health provision. Check out the link from the police college website too. It shows that the police do have provision for people who have mental health issues and that all police are trained to deal with them. There are safeguards in the system that allow the police to know what a person is going through.
After dealing with it themselves, the Police then hand the case over the to the Crown Prosecution Service (CPS). WHat do they do for people with Mental Health Issues? Well an FoI request sent will be able to tell us a few details. What was most interesting is how many cases that they prosecute. If you look at the Excel table, some months they have over 50,000 cases and as such they would have been unable to get the information that I need due to the amount of work that would be needed (The reason behind this is another FoI request for another day). They did show me thought that they do have guidelines for people with mental health condition. See HERE and HERE (The term mental disordered is slightly offensive). Again, they have a lot of safeguard for people with mental health issues. Well… At least they are aware of it and can take it into consideration.
What about the courts I hear you ask? Way ahead of you on this one! They do take into account the mental health of the defendant and makes sure that there are reasonable adjustments made. Do they have a provision for helping the person. Again, it is reasonable provision, which when you get down to it, is something that is fair enough. If someone who has extreme issues comes in who is very violent, then are they able to stand trial? Again that is another blog for another day.
All this investigation, though did get me thinking. The case goes through the process, and in each stage of the game there are safeguards in the system which allow a person who has mental health issues to be provided for and there are policies in place which help and assist. So the question is, since this is a process do the Police \ Courts \ CPS inform each other about people with mental health issues and if so what do they do to help these people?
Remember each stage has its own provision for people with mental health and give assistance when needed. Do they have a legal requirement, however, to tell each other? Remember we are talking about about the whole process here. Shouldn't they tell each other how this person is going to act and help? Well, only an FoI is going to help on this one.
CPS to the police is here
CPS to courts is here
From legal aid to court is here
Courts to Enforcement agent is here
It should be noted that the police are not the only ones that can pass a case onto a magistrates. It is also the DVLA, Greater Manchester Transport, and a whole lot of others. The question is, Why don't they communicate more? Why don't they do some joined up thinking? Only another FoI request will help on this one.
No comments:
Post a Comment