Mentally Disordered Offenders - Sentencing Options



Introduction2

Discussion3

Human Rights Implications3

Sentencing Horizons for Judges5

Imprisonment Sentences7

Bailing Sentences8

Mental Illness and Treatment8

Judges and Mental Illness Assessment8

Treatment - Nature and Sites9

Fitness to Plead in the Crown Court10

Dangerous Offenders and Sentencing12

Guardianship Order13

Interim Hospital Order13

Judicial precedent14

Conclusion15

Mentally Disordered Offenders - Sentencing Options

Introduction

The term related to mentally disordered offences covers huge horizons and covers s a number of meanings.

The mentally disordered person is a person having disorder or disability related to the mind and has been nominated for the commitment (or lies in the sphere of suspicion for committing the crime. However, this term covers a number of offenses, disorder as well as disabilities. However, the mental disabilities usually alter alters the decision would either be prosecuted or diverted and covers the grounds for fitness for pleading and/or sentencing or disposal.

However, the cases must have to be considered on the grounds of merits taking into account all the aspects related to the available knowledge as far as mental health of offenders is under consideration in parallel with the gravity of the offense. The balance should be observed while bearing in mind the issues of public interest while diverting the defendants from the course of significant mental illness keeping in mind the laws and norms of criminal justice, in addition to the aspects of seriousness of offense and the degree of reoccurrence.

The sentencing options depend on the number of factors which include the severity of the crime together with the mental condition of the offender. The mentally disordered offenders, which were sentenced with the immediate imprisonment term, will receive the hospital treatment soon after the sentence under the consequence of Transfer Direction by the Secretary of State of Justice invoked as per section 47.

Discussion

The paper will go through a series of analysis including the principle behind declaring a person as mentally disordered offender along with various issues and scenarios related to that the sentencing for the convicted mentally disordered person.

In order to have a better understanding consider the Home Office Circular in para 25 stating that it is the obligation of the government to redirect the mentally disordered persons from the cases having the criminal justice system whenever the public interest is not in the best interest of public, in general. Moreover, it also stated that it is the obligation of the government to facilitate the Mental Health Act, 1983 and to various other services dedicated to helping out the mentally disordered defendants.

Human Rights Implications

Human rights are another aspect related to the sentencing of mentally disordered offenders. As per the article 3 of human rights act, it is completely forbidden to subject any person to make use of any treatment of punishment which are inhuman and/or degrading. Article 3 can also be implied to a number of other scenarios including confining people or looking after those people in detention state. Hence, it has the positive obligation for the public authorities for intervening to stop the torture, degrading and/or inhuman punishment and activities even ...