Mental Health & The Criminal Justice System - Live at Your Desk

Introduction

People who have difficulties with their mental health, or mental capacity, are amongst the most vulnerable members of society.

Sadly, their mental disorders can sometimes lead them to commit what can be serious criminal offences. It is vital that anyone who represents mentally unwell clients within the criminal justice system is familiar with the law surrounding their detention and treatment under the Mental Health Act 1983.

Suitable for both prosecution and defence lawyers, this introductory level virtual classroom seminar will look at advising clients as to how and when they can be either detained in hospital or transferred from prison to hospital for assessment and treatment.

It will also cover obtaining help for clients to challenge the various Mental Health Act sections under which such detention can occur.

What You Will Learn

This live and interactive session will cover the following:

• The various sections of the Mental Health Act which can be used to divert a client from prison to hospital for assessment and treatment
• When detention in hospital can be challenged before a Mental Health Tribunal and when it cannot
• The difference between a Hospital Order and a Restriction Order
• Why a sentence under s37 Mental Health Act is very different from a sentence under s37/41
• The impact a s47/49 transfer from prison to hospital can have on the overall length of a client’s detention
• What is meant when you are told that your client ‘lacks the capacity’ to make a particular decision and know when to challenge such statements

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.