Abstract
Over the last two decades, since the Reed Report (Reed, 1992), there have been countless well-intentioned initiatives to support a formal, professionalised liaison role for those appearing in court with mental health needs, and also for an effective service to support diversion from the Criminal Justice System. Despite this, the Bradley Report (Bradley, 2009), and many other scholarly publications over the years, noted that such initiatives appeared doomed; starting out brightly and fizzling out quietly. This was mostly contingent upon some combination of weak strategic and operational support and funding over the long term, resulting in difficulty in ensuring appropriate staffing and/or being haunted by difficulties around multi-agency collaboration. In response to the Bradley Report and the resulting 82 recommendations that were accepted in full, there has been a concerted effort to identify a nationally co-ordinated response to the problem of supporting offenders with mental health needs through the criminal justice process (see Durcan et al., 2014; Rogers and Ormston, this volume). The need for an effective liaison role in the Courts is central to this current effort.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
Similar content being viewed by others
References
ACPO (2011). Prosecution Team Manual of Guidance. National Policing Improvement Agency. http://library.college.police.uk/docs/appref/MoG-final-2011-july.pdf
Advocates Gateway (2015). Intermediaries. www.theadvocatesgateway.org/intermediaries
Bradley, K. (Lord) (2009). The Bradley Report: Lord Bradley’s review of people with mental health problems or learning disabilities in the criminal justice system. London: Department of Health. www.centreformentalhealth.org.uk/pdfs/Bradley_report_2009.pdf
Crown Prosecution Service (2015). Prosecution of Offences (custody time limits). CPS. www.cps.gov.uk/legal/a_to_c/custody_time_limits/
Criminal Law England and Wales (2005) No. 902. The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005. www.legislation.gov.uk/uksi/2005/902/pdfs/uksi_20050902_en.pdf
Durcan, G., Saunders, A., Gadsby, B. and Hazard, A. (2014). The Bradley Report five years on. An independent review of progress to date and priorities for further development. London: Centre for Mental Health. www.centreformentalhealth.org.uk/pdfs/Bradley_report_five_years_on.pdf
Health Quality Improvement Partnership (2013). National Confidential Inquiry into Suicides and Homicides (NCISH). www.hqip.org.uk/national-confidential-inquiryinto-suicide-and-homicide/
McKenzie, N. and Sales, B. (2008). New procedures to cut delays in transfer of mentally ill prisoners to hospital. The Psychiatrist, Jan 2008, 32 (1), 20–22.
Mental Health Act (1983, amended 2007). www.mentalhealthlaw.co.uk/Mental_Health_Act_1983
Ministry of Justice (2011). Judicial and Court Statistics 2011. www.gov.uk/government/statistics/judicial-and-court-statistics-annual
Ministry of Justice (2012). The Registered Intermediary Procedural Guidance Manual. Ministry of Justice www.cps.gov.uk/publications/docs/RI_ProceduralGuidanceManual_2012.pdf
Ministry of Justice (2013a). Court Statistics Quarterly, January to March 2013. MOJ. www.gov.uk/government/statistics/court-statistics-quarterly-jan-mar-2013
Ministry of Justice (2013b). Court Statistics Quarterly, April to June 2013. www.gov.uk/government/statistics/court-statistics-quarterly-april-to-june-2013
Ministry of Justice (2013c). Criminal Practice Rules and Practice Directions (2013). www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu
Ministry of Justice (2013d). Criminal Justice Statistics Quarterly. www.gov.uk/government/collections/criminal-justice-statistics-quarterly
Ministry of Justice (2013e). Statistics. www.gov.uk/search?q=court+statistics+2013
Ministry of Justice (2013f). Criminal Practice Directions (consolidated) 2013. www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/pd_consolidated
Ministry of Justice (2013g). Criminal Procedures Rules 2013, Expert Evidence. http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2012/crim-proc-rules-2013-part-33.pdf
Ministry of Justice (2013h). Criminal Procedures Rules 2013, Vulnerable Defendants. www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/judicial-college/ETBB_Children_Vulnerable_adults+_finalised_.pdf
Pakes, F. and Winstone, J. (2009). Effective practice in mental health diversion and liaison. The Howard Journal of Criminal Justice, 48 (2): 158–171.
Pakes, F. and Winstone, J. (2010). A site visit survey of 101 mental health liaison and diversion schemes in England. Journal of Forensic Psychiatry and Psychology, 21 (6): 873–886.
Reed, J. (1992). Review of health and social services for mentally disordered offenders and others requiring similar services. (Reed Report.) London: Department of Health and Home Office.
R v M (John) [2003] EWCA Crim 3452 Court of Appeal. www.e-lawresources.co.uk/R-vM-%28John%29.php
R v Walls (Robert) [2011] EWCA Crim 443 Court of Appeal. www.bailii.org/ew/cases/EWCA/Crim/2011/443.html
R v North West London Mental Health NHS Trust, ex parte Stewart [1997] 4 All ER 871. www.lawandjustice.org.uk/LJcases.htm
Sainsbury Centre (2009) Briefing 39: Mental health care and the criminal justice system. Sainsbury Centre for Mental Health. www.centreformentalhealth.org.uk/pdfs/briefing39_mental_health_care_in_criminal_justice_sys.pdf
Singleton, N., Meltzer, H. and Gatward, R. (1998). Psychiatric morbidity among prisoners in England and Wales. London: Office for National Statistics.
Winstone, J. and Pakes, F. (2007). The Mentally Disordered Offender: disenablers for the delivery of justice. In: D. Carson, B. Milne, F. Pakes, K. Shalev and A. Shawyer (eds). Applying Psychology to Criminal Justice. London: Wiley. 167–182.
Winstone, J. and Pakes, F. (2010). Evaluation of a pilot project to develop mental health services in the Central Criminal Court. Commissioned by: Her Majesty’s Court Service, Central and North West London NHS Foundation Trust, Oxleas NHS Foundation Trust.
Editor information
Editors and Affiliations
Copyright information
© 2016 Charles de Lacy
About this chapter
Cite this chapter
de Lacy, C. (2016). The Role of the Mental Health Clinical Nurse Specialist in the Crown Court Setting: Towards a Best Practice Model. In: Winstone, J. (eds) Mental Health, Crime and Criminal Justice. Palgrave Macmillan, London. https://doi.org/10.1057/9781137453884_10
Download citation
DOI: https://doi.org/10.1057/9781137453884_10
Publisher Name: Palgrave Macmillan, London
Print ISBN: 978-1-137-45387-7
Online ISBN: 978-1-137-45388-4
eBook Packages: Law and CriminologyLaw and Criminology (R0)