OFFENDERS WITH A MENTAL ILLNESSMolly, Campbell and Amanda

INTRO

Many people who come before the courts on criminal charges are either Suffering from a mental illness or impairment Have suffered from mental illness in the past

Criminals dealing with a mental illness or impairments are dealt with under the Mental Health (Criminal Procedure) Act 1990

FITNESS TO BE TRIED

Fitness to be tried may be raised by any party in the criminal proceedings (Part 2 of the Mental Health (Criminal Procedure) Act 1990)

Where a judge finds an accused person unfit to be tried, a different set of rules and procedures operate as defined by the act

Judge decides whether The accused has the mental capacity to

understand the nature of the charge Understand the effects and consequences of a

plea Give and receive instructions Follow proceedings

Dealt with by a mental health review tribunal (if found to be mentally incapacitated Seeks to determine whether the person

committed the offence alleged. If the Tribunal is satisfied that the accused

person committed the offence… it does not committ the person does have the power to make various orders

including the imposition of a “limiting term”

THE DEFENSE OF A MENTAL ILLNESS

Defense of a mental illness (previously known as an insanity defense) Arise at a trial AFTER the accused has been

found fit to stand trial In cases where the fitness was not raised The accused needs to satisfy the jury that they

were mentally ill at the time the crime was committed: are then entitled to a verdict of ‘not-guilty’ by reason of mental illness.

Does not have the same consequences as simple not guilty verdict.

Mentally ill are not free to go, but are detained in strict custody until released by due process of the law.

Release is determined by a Mental Health Review Tribunal.

Mental illness defence governed by: Mental Health (Criminal Procedure) Act 1990 sections 37-39.

This legislation developed from McNaghten test rules stated in 1843.

SENTENCING AND MENTAL ILLNESS Defence of mental illness is relevant only to a small

number of cases Large number of cases where mental illness is

considered a mitigating circumstance. Mental illness is a mitigating factor under the Crimes

(Sentencing Procedure) Act 1999 s21a (3)(j), if the accused was not fully aware of the consequences because of age or any disability.

When sentencing the mentally ill, the factors and circumstances of the mental illness are taken into heavy consideration.

R V DAWES

On 4th August 2003 Daniella Dawes suffocated her 10 yr old son

Then attempted suicide by slashing her wrists

Later plead guilty to manslaughter Dawes was found to be suffering from major

depressive illness at the time of the crime Her profoundly autistic son was hard to be

cared for Husband suffered from nervous breakdown

resulting in him being jobless for 2 yrs.