Where a criminal act has been committed the police have no option but to charge the offender and the file is sent to the Crown Prosecution Service who can accept a plea of diminished responsibility by reason of mental incapacity and a trial will not be necessary.
At the first stage the police must follow PACE Code of Guidance C to ensure there is not a miscarriage of justice. The interview must be conducted with an Appropriate Adult which, in this case, should be an ASW. The next stage will be at Magistrates Court but arson is an indictable offence with a remand to Crown Court. But often there is in place a Court Diversion scheme where there are a number of mechanisms for the diversion of mentally disordered suspects before conviction. Section 35 of the Mental Health Act provides for remand to hospital for a report on the mental condition.
Section 36 is only applicable where the court is satisfied on the written or oral evidence of two doctors that the offender is 'suffering from mental illness or severe mental impairment of a nature or degree which makes it appropriate for them to be detained for treatment'.
Under the Criminal Justice Act 1991 a person who is mentally ill cannot be imprisoned without a medical report. Is there a fitness of this person to stand trial? The answer appears obviously not so a 'special verdict' offers an alternative to conviction because of an insanity defence, the Judge, in accepting this plea, has a wide range of options under the 1983 Mental Health Act called 'hospital orders' under section 37 which can come with or without restrictions under section 41.
Without a doubt this person will be assessed by a forensic psychiatrist with or without a recommendation that they be placed in a secure hospital. The human rights issue will be dependent upon ensuring this person is represented by a solicitor who is conversant with the mentally ill and a barrister who is also qualified in representing the mentally ill.
The issue of a hospital order ensures the person will be reviewed every six months by a Mental Health Appeal Tribunal who can order their discharge.
Obviously it is far more complex than detailed in this short missive but it is very unlikely, in what you have written, this person will receive a 14 year prison sentence.
----- Original Message -----
From: "McLeod" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, January 02, 2004 10:37 AM
Subject: advice please
I would be grateful for any advice on the following situation, please.
I
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