court. - rcpsych.ac.uk · (friend/ relative) 0300 5000 927 g.uk e information on any ea within this...

Rethink Mental Illness. Court. 1

Court.Helping someone who’s going to court

2 Court. Rethink Mental Illness. Rethink Mental Illness. Court. 01

03. About this guide04. Some tips07. Court14. Checklist17. Useful contacts

‘It was one of the worst experiences of my life. The loneliness and shame I felt was overwhelming.’ (Friend/ relative)

0300 5000 927

www.rethink.org.ukFor more information on any

area within this document please

contact Rethink Mental Illness:

Rethink Mental Illness is a charity that believes a better life is possible for millions of people affected by mental illness. For 40 years we have brought people together to support each other. We run services and support groups across England that change people’s lives and we challenge attitudes about mental illness.

Contents

Rethink Mental Illness. Court. 03

This guide is for you if you have a friend/relative with mental health problems who is going to court and may be sentenced.

In this guide, ‘friend/relative’ means the person who you are supporting, as they could be a family member, partner, friend or someone that you care for.

It is government policy to ‘divert’ (move) suspects or offenders with mental illness from the criminal justice system to health or social care services as early as possible. But it does not always happen. This guide will help you support your friend/relative with confidence.

Mental health problems include:– schizophrenia– bipolar disorder– personality disorder– depression– anxiety disorders

Your friend/relative might not have a diagnosis for a particular mental illness, but you may have concerns about their behaviour which could be due to their mental health.

You might feel ashamed or guilty. Try to remember that what happened was not your fault. You may feel you are dealing with the situation alone. But there are people and organisations that can help you.

This guide includes a lot of information, advice and useful tips. You can use this guide whenever you have questions about how to support your friend/relative.

We also have guides about:– Arrest– Prison– Secure hospital– Coming home from prison

or secure hospitalGo to www.rethink.org or call 0300 5000 927 to get a free copy.

This guide gives general information and advice. The services and support available will vary from area to area.

Contact details of organisations mentioned are included in Useful contacts at the back of this guide.

We have more information about mental illness available from our website www.rethink.org or by phoning 0300 5000 927.

You may feel you are dealing with a situation alone, but there are people and organisations that can help you.

About this guide

For useful

contacts. Page 17

02 Court. Rethink Mental Illness.

04 Court. Rethink Mental Illness. Rethink Mental Illness 5Rethink Mental Illness. Court. 05

Some tips

Speak up. Make your concerns known to staff and keep lines of communication open with them.

‘Itcanbedifficultandfrustrating not being able to get to speak with people, it is important to persevere.’ (Professional)

– Recognise people who can support you and know your friend/relative.

– Ask staff (e.g. solicitor, police, court, prison or healthcare professionals) questions if you don’t understand what is happening.

– If you are helping to find a solicitor, try to make sure they have an understanding of mental health and give them contact details of the professionals who are supporting your friend/relative.

– Speak up. Make your concerns known to staff and keep lines of communication open with them.

– Remember that professionals may not be available to talk to you immediately and they may be limited on what they can discuss without permission from your friend/relative.

– Build a good relationship with professionals such as solicitors,

police and healthcare staff. This can be difficult but it helps to be organised and give the professional concise points of concern or information, for example, symptoms.

– Make a list of your questions and the date you raise them. Make a note of the response and the date that you receive this.

– Keep a diary of contacts with details of who you have spoken to, where they are from, their direct contact details and what was discussed. It can be difficult keeping track of who you have spoken to.

– In some cases, your friend/relative might not want you to know what’s happening. You may still be able to provide support by keeping in touch and letting them know you are there to help.

– You may need to find advice and support for yourself for example, by finding a local support group. This is likely to be a very difficult time for you, and it is important not to forget to take care of yourself.

– There are some useful contacts at the end of this guide for both yourself and your friend/relative.


‘ Nothing prepares you for seeing your son in handcuffs in the dock.’ (Carer)

All criminal cases, even the most serious, begin in a magistrates’ court. In a magistrates’ court, there is usually a panel of three magistrates or one district judge. Magistrates are not legally qualified and work with a legally qualified clerk. The magistrates listen to the evidence and in less serious cases determine the sentence. There is a separate youth court attached to the magistrates’ court for young people under the age of 18.

More serious criminal matters are sent by the magistrates’ court to the Crown Court. Crown Court trials involve: – a judge– jury– prosecution solicitor – they

will try to prove your friend/ relative is guilty

– defence solicitor – they will represent your friend/relative

– a separate seating area for members of the public and journalists

Trials can last from one day to several months and there may be delays between hearings if medical reports have been requested.

The police, defence solicitor or prosecution can tell the court about your friend/relative’s mental health. You could tell the court about any mental health issues or concerns. The court may have a mental health liaison team (usually made up of a psychiatrist and a social worker and/or community psychiatric nurse) who could assess your friend/relative.

The person will have to attend the court in the area where the suspected offence took place, which might not necessarily be near home. Your friend/relative’s solicitor can ask for the case to take place in a local court if travelling could make your friend/relative’s mental health worse.

It is very important for the person to go to court when expected. If they do not attend, this is an offence and they may be arrested again.

Court

The court may have a mental healthliaison team who could assess your friend/relative.

Explains the

process of

sentencing.Page 12



The court may bail your friend/relative during the court case, allowing them to remain in the community. If the court has concerns that they may not attend court, or there may be a risk to the public while on bail, they could remand your friend/relative to prison during the court case. They could apply for bail while in prison. Their solicitor or you could ask for a mental health assessment while your friend/relative is in prison. This may allow them to be transferred to hospital.

If the court is aware that your friend/relative is suffering from mental illness, they could remand them to hospital for assessment and/or treatment under the Mental Health Act, instead of remanding them to prison.

Going to Court

‘ It’s helpful being able to talk to the usher and they are quite easytofindcallingoutnamesin the waiting area.’ (Carer and professional)

Before you set off, if you are taking your friend/relative to court, remind them to bring any medication that they may need.

If your friend/relative (the defendant) is coming to court from police custody, you will not be allowed to visit them in the court cells. Your friend/relative can have legal visits here, so you could pass a message of support to them via their solicitor.

Check the notice board when you arrive at court, to find out when the case will be heard and where you need to go.

You could speak with the court usher about any concerns you have about your friend/relative. They will appreciate being better informed about the person’s vulnerability and can pass on the information to the magistrates or judge. The usher spends a lot of time in the waiting area so should be easy to find.

If the person you care for has previously refused legal representation, but then changes their mind, there are usually duty solicitor schemes available in the court on the day. You can speak to the court reception and usher to find out more. It is important that the solicitor understands mental health.

Mental health at court and possible diversionThere are many ways that your friend/relative could get support and a number of people who could influence whether their case continues through the criminal justice system or whether they could be diverted to mental health and social care services from court.

Judge/MagistratesIn the magistrates’ court, magistrates will decide whether your friend/relative is guilty or not. In Crown Court, it is up to the jury who are 12 members of the public, to decide. The judge will decide on sentencing.

The magistrates or judge may recognise that your friend/relative has a mental illness and may factor this into their decision on sentencing. They can also assess whether your friend/relative is well enough to go through court proceedings and whether they are fit to plead (i.e. make a decision whether to plead guilty or not) by requesting a medical assessment. A fitness to plead hearing may be held in the Crown

Court to determine how to continue with the case.

Solicitor/BarristerIf the case is particularly complex against your friend/relative, their solicitor may instruct a barrister. They are more experienced in specific areas of law. Most legal representatives in the Crown Court are barristers.

It is good if the solicitor or barrister has some experience in representing people with mental health conditions. If your friend/relative is currently under community mental health services, the solicitor should contact them for further information. The solicitor or barrister can tell the court about mental health issues and request a psychiatric report.

Mental health liaison/diversion scheme In some courts there are court diversion schemes, sometimes known as mental health assessment schemes or mental health criminal justice liaison teams. This team usually includes a psychiatrist and at least one social worker or community psychiatric nurse.

Their role is to assess the defendant at court and, if there are concerns, refer them to hospital for assessment under the Mental Health Act or refer them to sources of help in the community.


They can write psychiatric reports which are read by the judge or magistrates and make recommendations for treatment.

Psychiatric report Your friend/relative’s solicitor or barrister can ask for a psychiatric report. It can take time to organise this. The psychiatric report may help the solicitor or barrister to argue that the case should be stopped or the person should engage with mental health services.

Pre-sentence reportIf the person is found guilty of an offence the court is likely to call them back for sentencing. Before they are sentenced, they will usually see a member of the Probation Service who will prepare a pre-sentence report which will recommend what sentence should be given.

If a psychiatric report has not already been done, the pre-sentence report might say that the court should get one now. If you know a pre-sentence report has been requested, you could speak with the probation staff writing this or contact the local Probation Service office to give them information or concerns about your friend/relative’s mental health.

What you can doYou could write to the court. It is best to send a letter before their court appearance. If this is not possible, take a letter with you on

the day to ensure that your friend/relative’s mental health is taken into consideration. This is especially important if the person has refused the services of a solicitor, does not want their solicitor to mention their mental health or if you feel that the solicitor may not have given enough consideration to the mental health side of the case. We can help with writing a letter.

If there is a solicitor or barrister representing your friend/relative, tell them that you are planning to write to the court and give them a copy of any letters you send.

You could contact the Customer Services Officer at the court to arrange for you and your friend/relative to have a tour of the court beforehand to help you both feel more comfortable and get a better understanding of what to expect.

Contact the court to find out the date and time of the hearing and which courtroom to go to. Some courts have several courtrooms hearing different cases at the same time. It can save time on the day if you find out which courtroom to go to beforehand. You can ask to speak with the listings office to get this information.

Some courts have a quiet, private waiting area. If your friend/relative is distressed by noise or crowds, you could ask staff if there’s a quiet room to wait in.

What if I have concerns about how the courts have acted? You can contact the HM Courts Service if you or your friend/relative feels that the administrative functions of the court were unsatisfactory, for example if delays or errors occurred. You can make a complaint in person, over the telephone or in writing. They are unable to deal with complaints about magistrates’ or judges’ behaviour or their decision making, as there are different procedures for these matters. The Office for Judicial Complaints handles complaints about magistrates’ or judges’ behaviour.

If your friend/relative wants to appeal the decision made by the courts e.g. they were found guilty of an offence that they feel they did not do, it is a good idea for them to get legal advice. Appealing their conviction or sentence can be a very costly process. You can look up local solicitor firms using The Law Society or Community Legal Advice.

‘ I collected all the letters he’d sent me showing how delusional and mixed up he was and sent them to the judge. I had to do something’ (Carer)

What if I have concerns about my friend/relative’s solicitor?If you or your friend/relative is unhappy about the legal service they have received, this should be discussed with the solicitor and their firm first. For example, you might feel the solicitor has not handled the case well or the solicitor has not acted in your friend/relative’s best interests. Every firm should have a complaints procedure and someone that deals with complaints.

If you are unhappy about the way the solicitor’s firm dealt with your complaint the Legal Ombudsman may be able to help. They are an independent organisation.

For more information

about what happens in

court contact Rethink

Mental Illness:

0300 5000 927

www.rethink.org.uk


Sentencing Following the psychiatric and/or pre-sentence report there are 2 main options for the court:

1. Pass a sentence using their powers under criminal law.

2. Make an order under the Mental Health Act.

Magistrates and judges have various options to deal with the case before them. The main differences between the magistrates’ court and Crown Court are that magistrates can order a prison sentence of up to 1 year and fines up to £5,000 whereas the Crown Court can order much longer prison sentences and higher fines. The Crown Court can also order that someone is detained in hospital under a hospital order with restrictions (section 37/41) under the Mental Health Act 1983.

1. Passing a sentence in court and what these mean

Sentences depend on the type, seriousness and the circumstances of the crime and the criminal history of the person. The court has to weigh up these factors along with the impact of a sentence on the person’s mental health. They also have to consider how and if mental health contributed to the person committing the offence. The most used penalties are imprisonment, community orders and fines.

If the court sentences your friend/relative to imprisonment, they will decide how long they should spend in prison before being released.

If the court sentences your friend/relative to a community order, they will be supervised by the Probation Service. There are 12 potential requirements that a court could include on a community order, such as unpaid work, drug and/or alcohol rehabilitation or mental health treatment requirement.

If the court gives your friend/relative a fine, they will assess their ability to pay the fine and determine how and when it should be repaid.

If your friend/relative is found not guilty of the offence, then they will be acquitted and are free to leave the court.

2. Making an order under the Mental Health Act

Instead of giving a penalty under criminal law, the courts could impose an order under the Mental Health Act 1983 as an alternative. This means detaining someone in hospital for assessment or treatment of their mental health condition. The most commonly used orders under the Mental Health Act 1983 are:

– hospital order without restrictions (section 37)

– hospital order with restrictions (section 37/41)

– remanding a person to hospital for a medical report (section 35)

– remanding them to hospital for treatment (section 36)

What should I do if I have concerns about the outcome of the court case?Your friend/relative can appeal their conviction (being found guilty) or the sentence they received. If they have a solicitor representing them in court, they will be able to advise on how this can be done. There are strict timescales that have to be met when requesting an appeal.

You can make a complaint about the way the court has used the Mental Health Act or the way a person with a responsibility under the Mental Health Act has carried out their duties to the Care Quality Commission (CQC).

For more information on

sentences and hospital

orders contact Rethink

Mental Illness:

0300 5000 927

www.rethink.org.uk


Check that the solicitor has experience and knowledge of mental health and that he or she has been in contact with any mental health professionals involved.

5. Contactthelistingsofficeat thecourttofindoutwhenthehearing is, in which courtroom and at what time.

6. Take pen and paper and medication for your friend/relative.

7. Ontheday,findthecourtusher and consider expressing any concerns, and asking any questions. They should be happy to help and will understand that you may not be aware of the system and procedures in court.

1. Check that the solicitor has experience and knowledge of mental health and that he or she has been in contact with any mental health professionals involved.

2. Arrange to visit the court with theCustomerServicesOfficer.

Date and time of visit:

3. Consider writing a letter for the court to explain circumstances and details about my friend/relative’s mental illness. We could help you write this letter.

4. Check the court address, and how to get there. Ring the court to see if there are parking facilitiesorfindouthowtogetthere using public transport.

Your checklist


Mental HealthRethink Mental Illness is a charity that believes a better life is possible for millions of people affected by mental illness. For 40 years we have brought people together to support each other. We run services and support groups that change people’s lives and challenge attitudes about mental illness. We directly support almost 60,000 people every year across England to get through crises, to live independently and to realise they are not alone. We give information and advice to 500,000 more and we change policy for millions. Tel: 0300 5000 927www.rethink.org

Mind provides information and advice, training programmes, grants and services through their network of local Mind associations. You can find your nearest Mind office from their website. Mind also has a legal unit that can provide information and advice on mental health, mental capacity, community care, human rights and discrimination/equality related to mental health. They may be able to undertake some casework if the case meets their strict casework criteria.Infoline Tel: 0300 123 3393 Legal Advice Service Tel: 0300 466 6463www.mind.org.uk

SANE offers emotional support and information to anyone affected by mental health problems through their helpline, email services and their online support forum where people share their feelings and experiences. They also raise awareness through campaigns and research. Out-of-hours helpline (open every day of the year from 6pm to 11pm) Tel: 0845 767 8000 www.sane.org.uk

AdvocacyAction for Advocacy could help you find a local advocate. Tel: 020 7921 4395www.actionforadvocacy.org.uk

Concerns and ComplaintsCourtsContact HM Courts Service if you want to make a complaint about administrative functions of the court e.g. delays. www.justice.gov.uk/complaints/hmcts

OfficeforJudicialComplaintshandles complaints about magistrates’ or judges’ conduct.Steel House, 11 Tothill StreetLondon SW1H 9LJTel: 020 3334 0145judicialcomplaints.judiciary.gov.uk

The Criminal Justice Officer at Rethink Mental Illness can give information and advice to anyone affected by mental illness in the criminal justice system.

Useful contacts

Phone:


0300 5000 927

[email protected]

for advice Monday-Friday 10am-1pm,

(excluding bank holidays) or email:


Legal ServicesThe Legal Ombudsman deals with complaints about legal services.Tel: 0300 555 0333www.legalombudsman.org.uk

NHSCare Quality Commission (CQC) can look into whether the Mental Health Act has been used appropriately and if your friend/relative is receiving care and treatment as required under the Act.The Belgrave Centre, Stanley PlaceTalbot Street, Nottingham, NG1 5GG Tel: 03000 616161www.cqc.org.uk

Patient Advice and Liaison Service (PALS) can tell you about the local NHS Trust’s complaints procedure and help you in making a complaint. www.pals.nhs.uk

The Independent Complaints Advocacy Service (ICAS) can help you make a formal complaint about an NHS service. You can contact your local ICAS office directly, or through NHS managers at hospitals, your GP practice, NHS Direct or the Patient Advice and Liaison Service.Find your local ICAS office from www.seap.org.uk/icas

Your local MP might be able to help if you are unhappy with the responses you are getting from other agencies. You can find the name and contact details of your local MP on http://findyourmp.parliament.uk/

Information and Advice for CarersCarers Direct deal with carers enquiries via a helpline or online. They also produce a directory of services. Helpline: 0808 802 0202 (8am-9pm Monday-Friday, 11am-4pm weekends)www.nhs.uk/CarersDirect

Carers UK provides general information, advice and support to carers. You can search for local services on their website.Helpline: 0808 808 7777www.carersuk.org

Your Local Authority may have services for both yourself and your friend/relative, so it may be worth enquiring with them. If you do not know who your local authority is, you can find out via the ‘Contacts’ link at www.direct.gov.uk

Legal HelpCommunity Legal Advice can help you find a solicitor. Their advice is independent and confidential. They will ask you questions about your problem and find out what help you need. You will be asked a number of questions about your finances to see if you are eligible for legal aid.Helpline: 0845 345 4 345 (Mon-Fri 9am-8pm and Sat 9am-12:30pm)

The Law Society can help you find a solicitor.www.lawsociety.org.uk

Substance MisuseADFAM works with anyone affected by drugs and alcohol. They provide information, support and deliver a range of services including criminal justice, domestic violence and carer projects. You can find a local support group from their website. Tel: 020 7553 7640www.adfam.org.uk

RAPt (the Rehabilitation for Addicted Prisoners Trust) works to help people with drug and alcohol dependence, both in prison and in the community, move towards, achieve and maintain positive and fulfilling drug-free and crime-free lives. Head Office Tel: 020 7582 4677www.rapt.org.uk

Victims and Witnesses of CrimeVictim Support is an independent organisation who provides free and confidential help to anyone affected by crime, including victims and witnesses. They provide information and advice on the criminal justice system, emotional support to help people deal with the feelings associated with being affected by a crime and practical support such as completing insurance forms or getting medical help. You can find your nearest centre from their website. Supportline: 0845 30 30 900www.victimsupport.org.uk


We would be grateful if you could spare a few moments to complete our short feedback questionnaire.

You can complete it in the following ways:

– Complete and tear out this page and post it to the freepost address:

RAIS Administrator Rethink Mental Illness FREEPOST RRYH-TZBZ-GEHU 15th Floor 89 Albert Embankment London SE1 7TP

– Email your answers to [email protected].

– Go to www.surveymonkey.com/s/criminaljusticeguide and complete the questionnaire online.

Feedback (Complete and tear out this page)

Everyone who completes this questionnaire and provides contact information will be entered into a prize draw to win £20 worth of Marks & Spencer vouchers.

The deadline for entries is 1 October 2012.

Any other comments or suggestions for how the guide can be improved:

We would like to make sure that we receive feedback from a range of people, please provide this information about yourself: Age:

Gender: Male Female

Ethnicity: Asian/Asian British Black/African/Caribbean/ Black BritishBritishMixed/Multiple ethnic group White Other

Your relationship to the person you are supporting (please tick all that apply):

Friend Relative Partner Carer

Please provide at least one way of contacting you if you would like to be entered into the prize draw. We will only contact the winner of the draw (optional):

Your name:

Name of the guide you have read:

Having read the guide:I have a better understanding of this stage of the criminal justice system Yes No

I feel more able to support my friend/relative Yes No

I have more knowledge of my rights Yes No

I have more knowledge of my friend/relative’s rights Yes No

I have more knowledge of the support available for myself Yes No

I have more knowledge of the support available for my friend/relative Yes No

In terms of how the guide is presented, what would you prefer?

Separate guides each covering the stages of arrest, court and sentencing, prison, forensic mental health services and coming home

An overall guide covering all stages mentioned above

We welcome your feedback on this guide.

This guide is for you if you have a friend/relative with mental health problems who’s going to court.

Leading the way to a better quality of life for everyone affected by severe mental illness.

For further informationTelephone 0300 5000 927Email [email protected]

www.rethink.org

Registered in England Number 1227970. Registered Charity Number 271028. Registered Office 89 Albert Embankment, London, SE1 7TP. Rethink Mental Illness is the operating name of the National Schizophrenia Fellowship, a company limited by guarantee.

© Rethink Mental Illness 2012Last updated April 2012. Next update April 2014

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