Criminal Courts and Mental Health Some people who come into contact with the criminal justice system have to go to court. This factsheet looks at the different courts in the criminal justice system in England and Wales. It explains how they work, who is involved, how mental health can be considered and the possible outcomes. The two types of criminal courts in England and Wales are magistrates courts and Crown Courts. All cases start at the magistrates court. You may see and speak to lots of different professionals. It can be helpful to tell some of these professionals about your mental health. You have certain rights when going to court. Going to court can be very stressful. It can help to know what to expect when going to court for the first time and when you have a trial. The court can think about how your mental illness might affect you in court and what the appropriate sentence should be. You might be able to appeal the court s decision, such as your conviction (if you are found guilty) or your sentence. This factsheet covers: 1. What are the criminal courts in England and Wales? 2. Who s involved? 3. What are my rights at court? 4. What happens in court? 5. How will the court consider my mental health? 6. What can a friend or relative do to help? 1
7. What might happen after going to court? 8. What sentences consider mental health? 9. Can I appeal my conviction or sentence? 10. Sample Letters 11. Checklist 12. Flowchart of the criminal justice system 1. What are the criminal courts in England and Wales? The court system can be confusing. You can see a simple diagram of the system in England and Wales and the possible outcomes on page 4. The two courts where criminal cases are dealt with are the magistrates and Crown Courts. All cases start in the magistrates court. If you are going to court, you will get a letter from the police station with the details. It should tell you the date and time you should go, and the court address. It is important that you go to court. It is an offence if you do not go and you could be arrested again. Everyone going to court will first appear at the magistrates court. The magistrates or judge will decide if the case needs to be heard in the Crown Court. This depends on the offence you have been charged with and how serious this is. The Crown Court hears more serious offences. You may have to go to the court in the area where the offence happened. This could be far from your home. You can ask the judge or magistrates to have the case heard nearer to home if travelling would affect your mental health. Your solicitor, if you have one, could ask on your behalf. What are the main differences between magistrates and Crown Courts The main differences between the two courts are the types of criminal cases they deal with and the types of sentences they can give. Magistrates courts deal with less serious offences known as summary offences. These include driving offences, common assault and criminal damage. Some offences can be heard in either court such as theft and ABH (actual bodily harm). Offences like theft can vary in how serious they are. Some cases can be minor and others can be more serious. The magistrates could decide that they can hear your case in a magistrates court. They will ask for your permission to hear your case in the magistrates court. Sometimes you can choose to have your case heard in the Crown Court in front of a judge and jury. You can only do this if you are pleading not guilty. If the magistrates decide that the case is more serious they could transfer the case to the Crown Court. If you have a solicitor, they should advise you about this. 2
The Crown Court deals with more serious offences. It hears offences that are called: triable either way offences, or indictable offences. They may be GBH (grievous bodily harm), rape, manslaughter and murder. An indictable offence is so serious that it can only be heard at the Crown Court which has more sentencing options. The magistrates court A panel of three magistrates or one district judge will usually hear your case. Magistrates can come from all different backgrounds. They are not legal professionals but have some legal training. A district judge is legally trained and deals with more complex matters. Magistrates are supported by a legally trained clerk, who advises them on areas of law. A hearing can take place in a courtroom, with a gallery for members of the public. If you plead guilty (say you did the crime), the magistrates or district judge will decide on a sentence. If you plead not guilty they will hear the case and decide if you are guilty or not. If your case is heard in the magistrates court, there are a range of outcomes. You may get a community sentence, imprisonment up to 6 months (for each offence, up to a maximum sentence of 12 months) or fines up to 5,000. You can find more information on possible outcomes later in this factsheet. For more serious offences, the magistrates court will pass the case up to the Crown Court. It can take a long time for a case to be heard in the Crown Court. The Crown Court If you plead not guilty there will be a trial. This is when a judge and jury of 12 people (members of the public) will hear your case. If you plead guilty, there will not be a trial and the judge will sentence you. The Crown Court deals with more serious offences and hears appeals from the magistrates court. The Crown Court has different sentencing options they can use such as higher fines and longer prison sentences. The judge can give different types of hospital orders under the Mental Health Act. You can find more information on possible outcomes later in this factsheet. The Crown Court can be more overwhelming than the magistrates court. There is likely to be a judge and jury, defence and prosecution lawyers, and a public gallery. You are known as the defendant. The court expects you to sit in the dock, which is on a raised platform. You should stand when they ask you to. 3
The average trial lasts for a day or so, but can last for weeks and months if there is a lot of evidence. Although it may be an overwhelming experience at first, you will get used to the environment and how the court works. The court system in England and Wales with possible outcomes Supreme Court - Appeals from Court of Appeal Court of Appeal - Appeals from Crown Court on a point of law Crown Court - Trial by judge and jury (if pleading not guilty) - Serious (indictable) and triable either way offences - Wider range of sentencing options - Appeals from magistrates court Magistrates Court - You enter a plea (guilty or not guilty) - Deals with less serious and triable either way offences - Passes indictable (serious) offences to Crown Court - Panel of 3 magistrates or 1 district judge - Range of sentencing options e.g. community sentences, terms of imprisonment of up to 6 months or fines up to 5,000 Possible Outcomes - You are found not guilty and free to leave (acquitted) - You are not given a penalty (discharge) - You are allowed to stay in the community during your trial (bail) - You serve your sentence in the community (Community Order) - Fine - Prison - Detention in hospital under the Mental Health Act - Voluntary hospital admission 2. Who s involved? You may meet a lot of different professionals and words in the court system. Some of these may be: Defendant someone in court who has been accused of doing something illegal. 4
Usher this is the person who is in charge of the court lists, sometimes they are called the Lister Caller. You should tell them when you get to court. They will tell you where to go. You can ask them about a duty solicitor if you do not have one yet. They wear smart clothes and carry a list of names with them so you can spot them easily. Magistrates they usually sit in a panel of three to hear the case. They are not legal professionals but have some legal training. District Judge when there is only one person on the bench they are a district judge. They are legally trained. Clerk they are legally qualified and can give magistrates advice on law. They can also help you if you do not have a solicitor. Solicitor this is someone who is legally trained to give advice and prepare cases for court. You instruct your solicitor and they represent you in the courtroom. Barrister a specialist legal adviser, also known as advocate or counsel. They represent someone in Crown Court. They have more training than a solicitor and can advise on complex areas of law. Crown Prosecution Service (CPS) - the government department that prosecutes criminal cases. The police will discuss their investigation with them and they decide on if your case should go to court. They prepare and present cases in court. They aim to prove you are guilty. National Probation Service (NPS) - they write reports about people who are guilty to help the court decide on a sentence. They supervise some people who get a community order or have left prison. Mental Health Liaison and Diversion Service these services are made up of health and social care professionals and available in some courts. They can do a brief assessment of your mental health and give the court information about your condition. They can arrange for a Mental Health Act assessment if you are unwell and need to go to hospital. This is called diversion. They can refer or signpost you to other services for support. 3. What are my rights at court? Defendants in court have rights which are set out by Article 6 of the European Convention on Human Rights. 1 Article 6 says everyone has the right to a fair and public trial along with the rights to: be told what they have been accused of, have enough time and facilities to gather their evidence, call any witnesses and question the witnesses against them, defend themselves personally or with legal assistance, and 5
a free interpreter if they are not able to speak or understand the language used in court. 4. What happens in court? Going to court can be an anxious time for you and those close to you. Below are some things you can do to help everyone feel more prepared on the day. The checklist in part 11 of this factsheet might also help. Going to court for the first time Check the notice board when you arrive. This will tell you what time your case will be heard and in what court number. If you have a mental illness, you may be vulnerable in court. You may not understand all of the processes, language, feel anxious and scared by the court building and by lots of people. The court can make special arrangements to help with this. For example, staff can change their language or you could have someone in the court room to help with communication between you and the court staff (called an intermediary). If you have a solicitor, they can advise you about this. You can speak to the Customer Services Officer and Usher at the court about any concerns. You might be concerned about sharing your mental health problems or being vulnerable in court. You, a relative, friend, advocate or solicitor could speak with staff about your concerns. The Usher is usually in the court waiting area. You should be able to spot them easily or you can ask any court staff to point them out. You can contact the Customer Services Officer via the switchboard or reception desk at the court. You could speak to them about seeing the court areas including the courtroom before your hearing which might make you feel more relaxed. If you have a solicitor, they can speak to the court about any difficulties you might have and help put things into place during your court case. Support You might have a solicitor representing you. This could be the duty solicitor that represented you at the police station, or one that you have found yourself. Your solicitor should be there to meet you before your court appearance on the day. They should be supportive and understanding if you are worried or concerned. If you do not already have a solicitor, the court may have a duty solicitor scheme you could use. The court usher or reception staff will know if this scheme is available. 6
A friend, relative, support worker or advocate can support you in the courtroom. Although they are not allowed to speak during proceedings, they may be able to sit close to you or in the public gallery. Sometimes just knowing that someone is there for you might make you feel more comfortable. Making a good impression Court is a formal environment, and it is important to make a good impression. If you have a suit or smart clothing this can help. It might also make you feel more confident in the courtroom. Making a plea Your first court appearance will always be at the magistrates court. The magistrates or district judge will usually hear your plea (guilty or not guilty). If you plead not guilty then you will have a trial to decide if you are guilty or not. The court will decide if it needs to transfer your case to the Crown Court. If you plead guilty then the court will give you a sentence. This might happen on another day if the court needs to get more information, for example, about your mental health. If the magistrates court decides your offence is serious enough, it will pass it up to the Crown Court where there is a wider range of sentencing options. If you plead guilty and your case is being heard in the Crown Court, there is no jury so the judge will sentence you. At the trial If you plead not guilty to the offence, there will be a trial. During a trial the prosecution will try prove you are guilty, and your defence will try to prove you are not guilty of the offence. Before giving evidence you will be asked to swear that you will tell the truth. You can do this by giving an oath on a holy book of your choice. If you are not religious, you can choose to affirm. This is a non-religious oath. The prosecution and the defence can call witnesses to the case. Your solicitor should question (cross examining) any witnesses from the prosecution side. They will do this to see how reliable or trustworthy they are. The prosecution can do the same to any defence witnesses. Trial in the magistrates Court The magistrates or district judge has to decide whether or not you are guilty. There is no jury. Trial in the Crown Court If you have a trial in the Crown Court there will be a jury, this is 12 members of the public. It is up to the jury to decide if you are guilty or not of the offence. When the jury have heard all the evidence, they will go to a 7
private room and discuss your case. If they cannot all agree on a decision, the judge can allow a majority verdict instead. This is where 10 of the 12 jurors agree. One member of the jury, called the foreman, will tell the court their decision. If you are found not guilty you are acquitted and free to leave. If you are found guilty, the judge will sentence you. The court might need reports before they can sentence you. These might be a medical and/or presentence report. You can find more information on these reports later in this factsheet. Sentencing The court will usually need an up to date pre-sentence report and medical report to sentence someone with a mental illness. These reports can help the court decide on an appropriate sentence. Sentencing can be very complex. It involves weighing up many factors. This can include how serious the offence is, what is best in the interest of the wider public and your mental health. Prison may make your mental health worse. The Bradley Review says people with mental health issues should be diverted away from the criminal justice system, by using community sentencing or treatment orders such as going to a secure hospital. 2 5. How will the court consider my mental health? If you have a solicitor, it will help to tell them about your mental health. The solicitor can talk to you about telling the court. They can discuss how your mental illness will affect you in court or if it had a part to play in your offence. If your solicitor, the prosecution or the court know or think you might have a mental illness, they can ask for a medical report. Mental Health Liaison and Diversion Services In some areas, there are Mental Health Liaison and Diversion Services. They are run by the local Clinical Commissioning Groups (CCGs) which are part of the NHS. They are in some police stations and courts. They can be called Court Diversion Scheme or Criminal Justice Mental Health Liaison Team. These teams are made up of a psychiatrist, a social worker and a community psychiatric nurse (CPN). They may only be at court on certain days. If the court thinks it would help if you saw the team, it can delay the case until they are available. The service can assess you and give more information to the court about your mental health. Some services can help people with learning disabilities and substance misuse (problems with drugs and/or alcohol). 8
This service is not available in every court. The services that currently exist will be evaluated in 2015. Depending on the results, Mental Health Liaison and Diversion Services will hopefully be running in all police stations and courts by 2017/18. 3 What information can the court ask for? The two main reports that the court can ask for are a medical report and pre-sentence report. Some courts have drug and alcohol workers who write reports for the court if you have drug or alcohol issues. You will be able to read the reports. If you disagree with anything you need to tell your solicitor. Medical reports The court can ask for a medical report to get professional evidence about your mental health. It can help the court decide if: you are well enough to be in court and plead guilty or not guilty, you need any help and support during the court case, and your mental health had a part to play in the offence. The report can help the court decide on an appropriate sentence if you are found guilty. The person who writes the report will be a mental healthcare professional, such as a psychiatrist or psychologist. If the court has a Liaison and Diversion Service, they could write a report. The report will have information about your background, such as: family history, education and employment history, past medical history including any contact with mental health professionals, substance misuse (drug and alcohol) history, any criminal history and risk behaviours e.g. using weapons or starting fires, your description of the offence, including events leading up to it, if you had any mental health symptoms or drug use, why you did it, your current mental state and how you feel about the offence, and their professional recommends 4 Pre-sentence report The court can ask for this report after you plead guilty or if you have been found guilty. This report can help the court decide how to sentence you. The National Probation Service writes the report and could have the following information: how you feel about the offence, family history, current circumstances (e.g. whether you currently access mental health services and if there are any drug or alcohol issues), 9
the type of offence you are guilty of and how serious it is, how your offence affected the victim, your level of risk and your risk of reoffending It can take three weeks for the National Probation Service to do this report. The National Probation Service will make recommendations for sentencing, but the court does not have to accept these. Mental health as a defence There are four mental health defences in law. You can only use these in specific situations. The defences are: Insanity (if you were so ill at the time of the offence you didn t know you were doing something wrong and/or you are so ill during your trial) Diminished responsibility (if you are charged with murder, this would reduce the charge to manslaughter) Infanticide (when a woman kills her child under 1 year old) Automatism (if you did the offence involuntarily this might be if someone commits an offence when they are sleep walking) If you want more information on these defences, you should speak to your solicitor. 6. What can a friend or relative do to help? Family or close friends could give statements to your solicitor or court. This can include any concerns about your behaviour and mental health before your suspected offence. They write this down and send it to your solicitor, if you have one. It is important that your solicitor looks at this information first to make sure it can only help your case. They may then use it in court or suggest it is sent to the court. Your family or close friend can address it to the pre-court team or the judge who is hearing the case in Crown Court. Information from family or friends could give professionals more background information about the circumstances at the time of the alleged offence. It could help to get the court to consider your mental health. The magistrates or judge should consider any information they get about you. It might help them decide to ask for more information, including a medical report. There are template letters you can use are at the end of this factsheet. We produce a number of booklets for friends and relatives who are supporting someone with mental illness in the criminal justice system, 10
including one on courts. You can download these for free from www.rethink.org. Or call 0121 522 7007 and ask for a copy to be sent to you. 7. What might happen after going to court? After you first go to court and your case will continue, there are two possible options - bail or remand. Bail Bail means you stay in the community during your court case. You may have bail conditions. Conditions could be living at a particular address, not having contact with certain people and keeping appointments for medical treatment. Remand The court can remand you to prison or hospital if they think you shouldn t be in the community. Professionals may write reports that would tell the court more about your mental health when you are on remand. You will stay on a remand wing when you are in prison. Some prisons have healthcare units where people who are unwell can stay. Your solicitor and family members can contact the prison about concerns they have about you. You can find more information in our Healthcare in prison factsheet. You can download this for free from www.rethink.org or call 0121 522 7007 and ask for a copy to be sent to you. There are several possible outcomes at the end of a court case. Acquittal The court could find you not guilty. You can leave. If you are convicted (found guilty) of an offence If you guilty or are found guilty of the offence, the magistrates or judge will decide what sentence to give you. Being found guilty of an offence is known as being convicted. Your sentence will depend on the crime, how serious it was, the circumstances of the crime, and your criminal history. If the court is aware of your mental health, they can then consider how a sentence will affect your health. You can find information on the outcomes related to mental health in the next section of this factsheet. Courts use guidelines from the Sentencing Council and Court of Appeal, to decide the right sentence. 11
Sometimes it can take a long time for the court to hear your case or sentence you. It can be a difficult time not knowing what might happen. Prison Prison can affect your mental health. Hopefully if the court has considered your mental health and all appropriate sentencing options. This includes if prison is appropriate. There are minimum and maximum lengths of prison sentences. The court will decide the time they feel you should spend in prison. You can find more information about prison in our Prison going in and Prison what happens while I am in prison factsheets, which you can download for free from www.rethink.org or call 0121 522 7007 and ask for a copy to be sent to you. Community Orders Community orders mean you will serve your sentence in the community. The court can set out what you have to do in a community order. This could be: being supervised by probation, doing community payback work such as street cleaning, graffiti removal, doing specific activities e.g. improving your reading and writing, taking part in victim reparation. This means writing a letter to say sorry for what you did, repairing damage caused by the offence, having a curfew. This might be having to be at your address during certain times of the day, exclusion zones this means staying away from certain areas, treatment for your mental health (if you agree), or treatment for your drug and/or alcohol problems (if you agree). Evidence suggests that community orders are more effective in reducing re-offending than short prison sentences. 5 Fines A fine is money you have to pay as a penalty. How much the fine is will depend on the offence and how much you can afford. A court may give you a fine for less serious crimes such as speeding or minor theft. It can give you a fine as well as a community or prison sentence. The court will look at your financial circumstances to make sure you can pay the fine. If you are not able to pay the amount, you should let the court know as soon as possible and your reasons why. If you claim benefits they may deduct the fine from your benefits over a few months or years. Absolute Discharge If the court feels that you have broken the law but you do not deserve a punishment, they could give you an absolute discharge. This means the court will take no further action. This is still a conviction, but a minor one. 12
Conditional Discharge This is similar to absolute discharge but the court adds a condition. This is that you do not do another offence within a certain amount of time. If you do then they court may sentence you for the original offence and the new offence. 8. What sentences consider mental health? There are different sentences and the court should think about how sentencing will affect your mental health. They could decide on an outcome that means you get help for your mental illness. These are the most common: Mental Health Treatment Requirement (MHTR) The court can give you a MHTR if you need mental health treatment. This is only if you do not need to be in hospital under the Mental Health Act. The requirement can include a specific treatment or that you engage with your mental health team. You need to agree to a MHTR. A healthcare service needs to be responsible for your treatment and to agree to do this. Courts do not use the MHTR a lot. This may be because criminal justice system staff do not know much about it, healthcare services don t understand it or your offence is not related to your mental health. 6 The court will give you a MHTR if they think it will reduce the chance of you committing more crimes. Guardianship Order A guardianship order is when you have a guardian who can say where you live and what activities you do, such as education, training or work. The court can decide who should be your guardian. Their role is to make sure you get care, protection and treatment for your mental illness. This can be someone from the local authority or a person approved by the local authority. Hospital Order The criminal justice system can use certain sections of the Mental Health Act 1983. These are known as forensic sections. The court can send you to hospital during the court case. This is so it can get more information about your mental health and see how you respond to treatment. The court can use sections to sentence you to hospital instead of prison. The court can use these sections if you are unwell. You can find more information on this in our Forensic mental health services, Section 37 and Section 37/41 factsheets which you can download for free from www.rethink.org or call 0121 522 7007 and ask for a copy to be sent to you. 13
9. Can I appeal my conviction or sentence? You may be able to appeal your conviction (being found guilty) or your sentence. Your legal representative should be able to give advice on both of these types of appeal. You must have good reasons for appealing and there are strict time limits. We recommend that you get legal advice on appealing and how much it will cost. Challenging a magistrates court decision You should send a letter to the magistrates court asking for an appeal. You should send this to the court where your case was heard. The court sends your papers to the closest Crown Court. A judge will look at you case and decide if you can appeal in the Crown Court. Challenging a Crown Court decision If your case was in the Crown Court, the Court of Appeal Criminal Division deals with your appeal. The Court of Appeal is based in the Royal Courts of Justice in London. The staff at the Court of Appeal can give information on procedures. They cannot give legal advice or discuss whether you should ask for an appeal. Their details are - Court of Appeal Criminal Division Telephone: 020 7947 6000 Address: Court of Appeal, Royal Courts of Justice, Strand, London, WC2A 2LL Email: criminalappealoffice.generaloffice@hmcts.x.gsi.gov.uk 14
10. Sample Letters Sample Letter for Friends/Relatives to Provide Information to the Court Your name Your address Your telephone number (optional) Your email address (optional) Pre-Court Team Court address (you can find this at www.justice.gov.uk) Date Dear Sir/Madam, (if the case is being heard in the Crown Court, you could contact the court to find out the name of the judge) Re: Person s Name (date of birth) Court reference number or date of court appearance (if known) I am writing as [name of your friend/relative] [state relationship]. I am writing because I am worried about [name of your friend/relative] mental health. I would like to give the court further information about their circumstances and ask you to please consider this in proceedings. To give you more information about [name of friend/relative s] circumstances: [Give details of your friend/relative s behaviour which is causing alarm and any relevant background information. List as much of the worrying behaviour as possible, but try not to make the letter too long. You might want to consider the following questions: Has your friend/relative got a mental health diagnosis? If not, what has been happening recently to make you concerned? What symptoms and/or behaviours associated with their condition might have had a part to play in their contact with police? Do they receive any treatment, such as medication and/or therapy? Have they ever accessed mental health services or are they accessing them now? You could give the court details of any services if you know these. This could include details of their GP or Community Mental Health Team. Does the person understand their illness or do they think they are well (do they lack insight)? Are there any other extenuating circumstances that can help explain their behaviour e.g. drug or alcohol use?] I understand that one of the Government s priorities is to make sure that mental health conditions are better taken into account in the criminal justice system, and that people with severe mental illness are diverted to health and social care services when appropriate. If there 15
is a mental health liaison service at the court they may be able to help in providing further information about my [state relationship] mental health. I feel it is essential that the court understands [name of defendant s] background, and ask that you consider their mental health during proceedings. Yours faithfully, Signature Your name Please Note - It is important to ask your friend/relative s solicitor (if they have one) whether this sort of letter will help in the case. It is also important to give them a copy of the letter to make sure they are fully aware of what information has been given to court. 16
Sample Letter for Defendants to Provide Information to the Court Your name Your address Your telephone number (optional) Your email address (optional) Pre-Court Team Court address (you can find this at www.justice.gov.uk) Date Dear Sir/Madam, (if the case is being heard in the Crown Court, you could contact the court to find out the name of the judge) Re: Person s Name (date of birth) Court reference number or date of court appearance (if known) I am writing to give the court further information about my circumstances that I feel is relevant to my case. I ask that you please consider this in proceedings. To give you more information about my circumstances: [Give details of your mental health, what has been happening recently that worries you about your mental health, and any other relevant background information. List as much of the worrying behaviour as possible, but try not to make the letter too long. You might want to consider the following questions: Have you got a mental health diagnosis? If not, what has been happening recently to make you concerned about your mental health? What symptoms and/or behaviours associated with your condition might have had a part to play in your contact with police? Do you receive any treatment, such as medication and/or therapy? Have you ever accessed mental health services or are you accessing them now? You could give the court details of any services. This could include details of your GP or Community Mental Health Team. Are there any other extenuating circumstances that can help explain your behaviour e.g. drug or alcohol use?] I understand that one of the Government s priorities is to make sure that mental health conditions are better taken into account in the criminal justice system, and that people with severe mental illness are diverted to health and social care services when appropriate. If there is a mental health liaison service at the court they may be able to help in providing further information about my mental health. I feel it is essential that the court understands my background, and ask that you consider my mental health during proceedings. 17
Yours faithfully, Signature Your name Please note - It is important to ask your solicitor (if you have one) whether this sort of letter will help in your case. It is also important to give them a copy of the letter to make sure they are fully aware of what information has been given to court. 18
11. Checklist Date of court hearing: Time of court hearing: Check the court address and how to get there. My route: Contact the court or your solicitor if you don t know this information. Is there anyone who can come with me for support, such as a carer/friend/relative/healthcare professional? No Yes who? Shall I arrange a visit to the court before my hearing? No Yes Contact the court if you would like to do this. Date and time of visit: Has my solicitor been in touch with any of my mental health professionals? No Yes Do I want to write a letter to the court with information about my mental health? No Yes Date letter(s) sent Do I want to ask my carer/friend/relative if they would like to write a letter? No Yes Date letter(s) sent Have I got suitable clothing? No Yes If not, you might want to think about borrowing or buying something smart. Have I got my medication to take with me? No Yes 19
12. Appendix Flowchart of the criminal justice system 20
You can find more information on www.rethink.org about: Complaints about court Forensic Mental Health Services How to Get Legal Advice and Assistance Mental Health and the Criminal Justice System (police, courts and prison) Prison Going in Prison What happens when I am in prison Section 35 Section 36 Section 37 Section 37/41 Section 38 Or call 0121 522 7007 and ask for a copy to be send to you. GOV.UK This website has information and guidance on the criminal justice system, including legal aid, courts, prisons and probation. You can also search for court details here. Website: www.gov.uk/government/news/welcome-to-the-new-home-onthe-web-for-the-ministry-of-justice Website to search for a court: https://courttribunalfinder.service.gov.uk/search/ 1 s1 Human Rights Act 1998 c42. 2 Department of Health (2009). The Bradley Report. London: Department of Health 3 NHS England (2015). About Liaison and Diversion. Available from www.england.nhs.uk [Accessed May 2015]. 4 McMurran, M., Khalifa, N., and Gibbon, S. (2009). Forensic Mental Health. London: Willan Publishing. 5 Ministry of Justice (2013) Compendium of reoffending statistics and analysis 2013, London: Ministry of Justice 6 Centre for Mental Health and Criminal Justice Alliance (2012). The mental health treatment requirement, realising a better future. London: Centre for Mental Health. 21
Rethink Mental Illness 2013 Last updated June 2015 Next update June 2017 Version 3 This factsheet is available in large print. Last updated 01/10/2010