Abstract
NHS staff are among the most likely to face violence and abuse at work (Department of Health, 2011). Acts of violence committed against mental health professionals by psychiatric inpatients is a serious perennial workplace problem. It is acknowledged that crimes of violence are more prone to subjective judgement about whether to record a crime (ONS Crime Survey, 2015). A report published by Her Majesty’s Inspectorate of Constabulary (HMIC) found that violence against the person offences had the highest under-recording rates across police forces in England and Wales. Indeed, nationally, an estimated one in three (33%) violent offences that should have been recorded as crimes were not. The link between mental disorder and offending behaviour has often been postulated in literature and in the media. In 1933 at an annual meeting for the South African Association of Probation in Johannesburg, his royal highness Prince George made the following observation:
The problem of crime is a sad one when looked upon from the point of view of the offender and a troublesome one when looked at from that of the State. (HRH Prince George, 1933)
In this chapter, I explore one of the difficulties faced by mental health professionals working in high security hospitals; whether or not to prosecute inpatients who engage in violent / criminal behaviour within the hospital setting. The focus of this debate is one which has exercised professionals over a number of decades and one in which opinion is divided. This chapter is based on a service evaluation undertaken at Broadmoor Hospital, one of the three high security hospitals in England. It considers a framework for addressing this long-standing problem and explores the reluctance to prosecute this cohort of offenders.
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References
Badgers, F. and Mullan, B. (2004). Agressive and Violent Incidents: Perceptions of Training and Support Among Staff Caring for Older People and People with Head Injury. Journal of Clinical Nursing, 13 (4), 526–533.
Bayney, R. and Ikkos, G. (2003). Managing Criminal Acts on the Psychiatric Ward: Understanding the Police View. Advances in Psychiatric Treatment, 9, 359–367.
Behr, G.M., Ruddock, J.P., Benn, P. and Crawford, M.J. (2005). Zero Tolerance of Violence by Users of Mental Health Services: The Need for an Ethical Framework. The British Journal of Psychiatry, 187, 7–8.
Bradley, (Lord) K. (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.
Brown, A.R (2006). Prosecuting Psychiatric Inpatients — Where is the Thin Blue Line? Med. Sci. Law, 46, 7–11.
Buchanan, A. (2006). Competency to Stand Trial and the Seriousness of the Charge. The Journal of the American Academy of Psychiatry and the Law, 34, 458–465.
Buchanan, A. (2008). Commentary: Facts and Values in Competency Assessment. The Journal of the American Academy of Psychiatry and the Law, 36, 352–353.
Cherrett, M. (1996). Mentally Disordered Offenders and the Police. Mental Health Review Journal, 2, 25–27.
Counter Fraud and Security Management Service (CFSMS) (2003a). Memorandum of Understanding between the Association of Chief Police Officers (ACPO) and the NHS Security Management Service. London: CFSMS.
Counter Fraud and Security Management Service (CFSMS) (2003b). Memorandum of Understanding between the Crown Prosecution Service and the NHS Security Management Service. London: CFSMS.
Counter Fraud and Security Management Service (CFSMS) (2007). Tackling Violence Against Staff. London: CFSMS.
Coyne, A. (2002). Should Patients Who Assault Staff Be Prosecuted? Journal of Psychiatric and Mental Health Nursing, 9 (2) 139–145.
Davies, A. (2010). www.channel4.com/news/dangerous-offenders-scheme-to-be-axed. 15 February 2010.
Department of Health (2008). A Framework for the Performance Management of High Security Hospitals. London: HMSO.
Department of Health (2011). Guidance on theHigh SecurityPsychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals). London: HMSO.
Eastman, N. and Mullins, M. (1999). Prosecuting the Mentally Disordered. The Journal of Forensic Psychiatry, 10 (3), 497–501.
Gunn, J. and Taylor, P.J. (1993). Forensic Psychiatry. Clinical, Legal and Ethical Issues. Oxford: Butterworth-Heinemann.
Ho, J., Ralston D.C., McCollough, L.B. and Coverdale, J.H. (2009). When Should Psychiatrists Seek Criminal Prosecution of Assaultive Psychiatric Inpatients? Psychiatric Services, 60, 1113–1117.
Kumar, S., Fischer, J., Ng, B., Clarke, S. and Robinson, E. (2006). Prosecuting Psychiatric Patients who Assault Staff: A New Zealand Perspective. Australasian Psychiatry, 14, 251–255.
Maden, A. (2007). Dangerous and Severe Personality Disorder: Antecedents and Origins. British Journal of Psychiatry, 190 (49), s8–s11.
McLean, N. and Marshall, L.A. (2010). A Front Line Police Perspective of Mental Health Issues and Services. Criminal Behaviour and Mental Health, 20, 62–71.
Mental Health Act Commission (2005). ‘In Place of Fear’. London: Stationery Office.
Mills and Reeve. (2010). Briefing Paper-The Prosecution of Detained Patients. Prosecution of Violent offences Against Hospital Staff.
Ministry of Justice (2007). Guidance for Working with MAPPA and Mentally Disordered Offenders. London: Ministry of Justice.
Murray, K. (1989). Calling the Police: Some Observations on a Professional Dilemma Following Assaults by Psychiatric Inpatients. Unpublished.
Nash, M. (2006). Public Protection and the Criminal Justice Process. Oxford: Oxford University Press
Nash, M. (2010). The Art of the Possible — Public Protection in a Closed Establishment. Prison Service Journal, 198, 21–24.
National Reporting and Learning Service (2014). Organisational Reports. London: NRLS.
Nolan, P., Dallender, J., Soares, J., Thomsen, S. and Arnetz, B. (1999). Violence in Mental Health Care: The Experiences of Mental Health Nurses and Psychiatrists. Journal of Advanced Nursing, 30, 934–942.
Norko, M.A., Zonana, H.V. and Phillips, R.T (1992). Prosecuting Assaultive Psychiatric Patients. Journal of Forensic Sciences, 37 (3), 923–931.
Office of National Statistics (2015). Crime Survey. London: ONS.
Phelan, L.A., Mills, M.J., and Ryan, J.A. (1985). Prosecuting Psychiatric Patients for Assault. Hospital and Community Psychiatry, 36, 581–582.
Pyatt, J. (2008). Comedy Night for BroadmoorFiends. London: The Sun Newspaper.
Rachlin, S. (1994). The Prosecution of Violent Psychiatric Inpatients: One Respectable Intervention. Journal of the American Academy of Psychiatry. American Academy of Psychiatry and Law, 22 (2), 239–247.
Shapland, J., Atkinson, A., Atkinson, H., Colledge, E., Dignan, J., Howes, M., Johnstone, J., Robinson, G. and Sorsby, A. (2006). Situating Restorative Justice within Criminal Justice. Theoretical Criminology, 10 (4), 505–532.
Smith, L. (2011). Stuck in ‘Dangerous and Severe Personality Disorder’ Limbo. https://www.opendemocracy.net/…/stuck-in-dangerous-and-severe-person. September 2014.
Taylor, P.J. (2004). Mental Disorder and Crime. Criminal Behaviour and Mental Health, 14, 31–36.
Tilt, R., Perry, B., Martin, C., Maguire, N. and Preston, M. (2000). Report of the Review of Security at the High Secure Hospitals. London: Department of Health.
Vinkers, D.J., De Beurs, E., Barendregt, M., Rinne, T. and Hoek, H.W. (2011). The Relationship Between Mental Disorders and Different Types of Crime. Criminal Behaviour and Mental Health, 21 (5), 307–320.
Young, C., Brady, J., Iqbal, N. and Brown, F. (2009). Prosecution of Physical Assaults by Psychiatric Inpatients in Northern Ireland. The Psychiatrist (formerly the Psychiatric Bulletin), 33, 416–419.
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© 2016 Taffy Gatawa
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Gatawa, T. (2016). Prosecuting the Persecuted: Forgive Them, They Know Not What They Do. In: Winstone, J. (eds) Mental Health, Crime and Criminal Justice. Palgrave Macmillan, London. https://doi.org/10.1057/9781137453884_12
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DOI: https://doi.org/10.1057/9781137453884_12
Publisher Name: Palgrave Macmillan, London
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