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Dealing with mental health and criminality – does the system need to change?




The relationship between mental health and criminality is complex and multifaceted. Last week the PBW Law team attended an event hosted by the British Academy of Forensic Sciences (BAFS) and The Forensic Network to discuss what is working and what needs to change.

 

A group of experts from various sectors – such as legal, healthcare and criminal justice – came together to discuss issues such as mental health services in prison and court settings to managing and preventing trauma in prisons.

 

During the session, Peter Watson, who is President of BAFS, discussed the success of the Children’s Panel System in Scotland which focuses on children's welfare, community involvement, prevention, and flexibility in decision-making. By addressing the underlying needs of children and families, the system has made a positive impact on the lives of countless children across Scotland, and is now being modelled around the world. There was a suggestion that this model could be explored further and applied to mental health cases.

 

Here we outline the key points shared by some of the speakers throughout the day.

 

Shelagh McCall KC discussed the issue from a lawyer’s perspective, highlighting the importance of commissioning reports from psychiatrists or other relevant experts. She discussed looking out for signs that this is needed, and she encouraged the experts drafting these reports to explain what reasonable adjustments may be necessary for the accused (such as regular breaks, shorter court days, a qualified person in the court to assess and support, etc). She also discussed the statutory test for assessing whether someone is ‘fit for trial’, listing the non-exhaustive list of factors to be considered within the Criminal Procedure (Scotland) Act 1995, with an emphasis on the ‘catch all’ provision which allows consideration of “any other factor which the court considers relevant”.

 

David Kennedy, General Secretary of the Scottish Police Federation, discussed mental health from a policing perspective and told stories about officers, including himself, attending at a report which turned out to be someone having a mental health episode (e.g. a paranoid schizophrenic with a knife or other things of that nature) which could have been more appropriately dealt with by a medical or psychiatric professional. He also spoke about the impact of poor mental health on serving police officers. He provided an interesting perspective regarding the issue of mental health in the criminal justice system, and he discussed the need for longer term thinking when it comes to tackling this issue.

 

Sir Harry Burns, a public health expert (former Chief Medical Officer, Professor of Global Public Health), provided an interesting talk about studies undertaken in the UK and in New York about mental health and the impact of childhood trauma. He discussed where further research was required and discussed how much mental health costs the economy and how we can better accommodate those with mental health issues.

 

Professor Andrew Forrester, Forensic Psychiatrist, focused on the issue of mental health in particular within the context of inmates in prison. This contained statistics on the numbers of inmates with conditions and acknowledging those who go undiagnosed. He discussed how we can do better, and provoked some interesting questions and observations from those in attendance, in particular, those attending from a background of running Scottish prisons.

 

The overall takeaway from the event was that a holistic approach should be explored in order to more effectively address the underlying social, economic, and environmental factors contributing to mental health issues and criminal behaviour.

 

A full list of speakers during the session is outlined below:


KEY SPEAKERS


·         Professor Peter Watson | Solicitor Advocate PBW Law, Visiting Professor of Law, Strathclyde University, President BAFS


·         Professor Andrew Forrester | Professor of Forensic Psychiatry, Cardiff University; Consultant Forensic Psychiatrist and Director of Research, Oxleas NHS Foundation Trust


·         Sir Harry Burns | Professor of Global Public Health, Strathclyde University and former Chief Medical Officer


·         Mr David Kennedy | General Secretary, Scottish Police Federation, Hon Member BAFS Executive Council


GUEST SPEAKERS


·         Dr Harneet Hundal Clinical Director and Consultant Forensic Psychiatrist, Oxleas NHS Foundation Trust


·         Professor Lindsay Thomson Professor of Forensic Psychiatry, University of Edinburgh; Medical Director, State Hospital at Carstairs


·         Dr Jo Brown Clinical Director and Consultant Forensic Psychiatrist, Orchard Clinic, Royal Edinburgh Hospital


·         Clare Crole-Rees Consultant Psychologist, Oxford Health NHS Foundation Trust

·         Dr Manuela Jarrett Assistant Professor in Mental Health Nursing, University of Birmingham


·         Shelagh McCall KC Convener of the Faculty of Advocates’ Human Rights and Rule of Law Committee

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