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Care and Custody?

Judith LaingLecturer in Law, The Liverpool Law School, University of Liverpool

ISBN13: 9780198268185
ISBN: 0198268181
Published: September 2000
Publisher: Oxford University Press
Format: Hardback
Price: £127.50



In recent years there has been growing concern and controversy surrounding the care and treatment of mentally disordered offenders. Consequently, there have been a series of legislative and policy developments in the 1990s, which have led to changes in attitude and the way that such offender-patients are treated. Such changes have focused primarily upon timely therapeutic intervention and diversion from the criminal justice system.;This book considers these issues. It identifies some of the practical difficulties that occur when mentally disordered offenders come into contact with the criminal justice system. The law in this area is complex and this book should enable professionals involved in the subject to gain a better understanding of the law and policy with regard to mentally disordered offenders.;Judith Laing also analyzes and addresses some of the theoretical issues and concerns surrounding the treatment and detention of mentally disordered offenders. The book should therefore assist and inform legal, mental health, and related practitioners working in this field, and should also provide a theoretical overview of the law for academics and students.

Contents:
List of cases; List of statutes
Part One; 1: The basic principles; 1.1: Introduction; 1.2: Who are mentally disordered offenders?; 1.3: What role does psychiatry play in the treatment of mental disorder?; 1.4: How should mentally disordered offenders be treated?; 1.5: What is diversion?; 1.6: Conclusion; 2: The historical context; 2.2: The origins of contemporary policies and philosophies; 2.3: The 1970's reform movement; 2.4: Government action; 2.5: The Mental Health (Amendment) Act 1982; 2.6: The Mental Health Act 1983; 2.7: Reaction to the new act; 2.8: Conclusion; 3: Diversion under the Mental Health Act 1983 and related provisions; 3.2: Arrest; 3.3: Prosecution; 3.4: Remand; 3.5: Sentencing; 3.6: Conclusion; 4: The development of an explicit diversion policy for mentally disordered offenders; 4.2: Setting the stage for reform - the failures of the 1980's; 4.3: The solution - the diversion of mentally disordered offenders; 4.4: The introduction of diversion schemes; 4.5: National recognition and implementation of diversion policy; 4.6: A collaborative strategic approach; 4.7: The impact of diversion policy; 4.8: The difficulties with diversion. Part Two; 5: Diversion in West Yorkshire - A process study; 5.2: Research Methodology; 5.3: Identifying the research site; 5.4: The data collection process; 5.5: The quantitative study; 5.6: The qualitative study; 5.7: Stimulus for reform - The ""Mentally disordered offenders"" conference; 5.8: The development of local diversion initiatives; 5.9: Region wide developments; 5.10: A process evaluation - overview; 5.11: Conclusion; 6: Diversion in West Yorkshire - an impact study; 6.2: Part One - the quantitative analysis; 6.3: Part Two - the qualitative analysis; 6.4: 7: Appendices: Diversion under the existing provisions; Police Station Assessment (PSA Model); Court Psychiatrist Assessment (NAC/PAC Models); Court Panel Assessment (MAAP Model); (a) Letter to interviewees (b) Interview schedule.