The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.
Mental health conditions often overlap with neurodivergent conditions, particularly, unfortunately, when handling cases in the criminal justice system. Adverse mental health presentations impact across the process.
The condition might be relevant to the investigation process as well as the use of an appropriate adult or intermediary, the conduct of interviews and more. The mental health condition might be relevant to the outcome of any investigation, in terms of whether someone should be diverted towards a caution or other local resolution.
The condition might be relevant to managing the court process. Attending court is difficult for most people, but adaptations are available and can and should be deployed to make the process the best it can be. Not least, a mental health condition may well be relevant to a sentencing process, both in terms of culpability or blameworthiness and the impact of a particular sentence.
Those who have experienced or are experiencing more significant impacts from their condition might be or become subject to voluntary or detained inpatient support in Hospital, or under a Mental Health Treatment Requirement or Community Treatment Order. We have extensive experience of supporting and representing those in the Mental Health System.
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