Court

The court process can be quite complicated, but the usual process is:

• the person accused of an offence (the defendant) will receive a letter from the police telling them which court they need to attend, at what time and date
• all cases start at the magistrates court, where the case could be heard if the offence is relatively minor or be transferred to crown court if the offence is more serious
• if the case is heard at the magistrates court, the defendant enters a plea of guilty or not guilty and the 3 magistrates or 1 district judge will decide on an outcome
• if the case is heard at crown court, the case will be heard by a judge and jury if the defendant pleads not guilty and the judge will decide on an outcome
• if there is a trial (when the defendant pleads not guilty), there could be several court appearances, especially if the case is complicated
• during the court case, reports may be written about the defendant - a psychiatric report which focuses on the person's mental health and a pre-sentence report to help the court in deciding an appropriate outcome

How can mental health be considered?

• Friends/relatives can write to the court with any concerns about the defendant's behaviour and mental health before the alleged offence. This can give the relevant authorities more information about the background to the person and alleged offence. The Rethink Advice & Information Service may be able to help with writing such a letter.
• It can help having a solicitor who has knowledge of mental health and experience in defending people with mental illness or other vulnerabilities. Click here for more information on getting legal advice and assistance.
• These things may influence whether or not a psychiatric report is written.
• Some courts have Mental Health Liaison and Diversion Schemes who can do a basic mental health assessment on a defendant. Contact the court to see if they run such a scheme.

The main difference between magistrates and crown courts is their sentencing powers. As magistrates courts hear less serious offences they have limited sentencing powers - imprisonment of up to 6 months, and fines of up to £5,000.

The possible outcomes of going to court are: 

• Prison - prison can have a detrimental effect on someone’s mental health, and hopefully the court has considered the defendant’s health in sentencing. There are minimum and maximum lengths of sentences and the court will decide the time they feel is necessary for the defendant to spend in prison.
• Community Order - the defendant will serve a sentence in the community. They will need to meet certain conditions set by the court. There are 12 potential requirements a court can give to a community order as an alternative to prison, some examples are undertaking certain activities such as unpaid work or engaging with education, reparation to victims of the offence, staying away from certain areas, mental health treatment and/or drug and/or alcohol rehabilitation (if defendant agrees).
• Fines - a financial penalty. The fine amount will depend on the offence and how much the defendant is able to pay.
• Absolute Discharge - if the court feels that law has been broken but the defendant does not deserve penalty. It is still considered a conviction, but a minor one.
• Conditional Discharge - similar to absolute discharge but with the condition that the defendant does not commit another offence within a specified time frame.
• Acquittal - the defendant is found not guilty and is free to leave.

Could there be a different outcome for someone with a mental illness?

The defendant could be 'diverted' away from the criminal justice system and into health and social care services if the court feels their mental health needs to be assessed and/or treated. Some of the outcomes above could be seen as diverting someone. These include:

• Mental health treatment requirement (MHTR) (a community order) - this is given when the court feel that the defendant's mental health isn't severe enough for them to go to hospital. They will need to engage with mental health services in the community, which could include psychological therapies and/or medication.
• Absolute discharge - the court feels the law has been broken, but they decide not to impose a penalty.
• Conditional discharge - similar to absolute discharge but with the condition that the defendant does not commit another offence within a certain period of time.

If the court are particularly concerned about a defendant's mental health, they could use sections of the Mental Health Act to detain them in hospital for assessment and/or treatment or as an alternative to a prison sentence. There are specific sections of the Mental Health Act that can be used in the criminal justice system. These are known as forensic sections. These sections are:

• Section 35 – Remand to hospital for medical report
• Section 36 – Remand to hospital for treatment
• Section 37 – Hospital order instead of imprisonment
• Section 37/41 – Hospital order with restriction
• Section 38 – Interim hospital order for response to hospital treatment
• Section 45A – Hospital Direction

The factsheet Forensic Sections factsheet.pdf (622 kb)  provides a lot more information on what these sections involve and a person's rights when under section.