4 March 2008

Mental Health and Crime

A recent case has highlighted some of the problems with the "Mental Impairment" provisions of the Criminal Law Consolidation Act.

The provisions provide that the period of any supervision order has to be set by reference to the crime and not to the particular person involved. (s269O)

So someone with a very serious mental health issue that poses a danger to themselves and others, who does something that is minor, only gets a short limitation period.

Someone who is no real danger, but does something more serious gets a long limitation period.

The Court has no power to extend the period of the order even where someone is not complying with the conditions of the order!

It is time for the Government to revisit these provisions.

1 comment:

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