7.2.3 Psychiatric Disposals Following Conviction

Psychiatric Disposals Following Conviction

Psychiatric disposals are the range of measures available to the courts in the UK for dealing with mentally disordered offenders following conviction. The goal of these disposals is to provide treatment and rehabilitation for offenders who require it, while also protecting the public from the risk of further harm. This can involve detention in a hospital or secure unit, community-based treatment programs, or a combination of both.

One of the most common psychiatric disposals in the UK is a hospital order under Section 37 of the Mental Health Act 1983. This involves detaining the offender in a hospital for treatment and can be combined with a restriction order under Section 41 of the same act, which places limits on the offender’s movements and activities. Another option is a Community Treatment Order (CTO), which allows the offender to live in the community while receiving treatment and supervision. Other possible disposals include probation, a suspended sentence, or a Mental Health Treatment Requirement (MHTR) as part of a community order.

The choice of disposal will depend on a range of factors, including the severity of the offence, the offender’s mental health needs, and the risk they pose to themselves and others. The court may seek the advice of a forensic psychiatrist in making this decision, as they can provide an expert opinion on the offender’s mental health and suitability for different disposals.

It is important to note that psychiatric disposals are not intended to be punitive, but rather to provide treatment and support for individuals who require it. However, they can be controversial, as some people argue that offenders who are detained in hospitals for extended periods may be subject to human rights abuses or denied their liberty without due process.

Overall, the use of psychiatric disposals following conviction remains a complex and challenging area of law and mental health practice in the UK.

References:

1. Duggan, C., & Scott, C. (2014). Forensic psychiatry and forensic mental health: the interface between mental health services and the criminal justice system. Oxford University Press.
2. Gostin, L. O., & Record, K. L. (2016). Deinstitutionalization of persons with mental illness: A human rights policy priority. JAMA, 316(10), 1109-1110.