Are the Laws Regarding Mentally Disordered Offenders Adequate?
Are the laws and services related to mentally disordered offenders adequate and appropriate?
Care and treatment for the Mentally Disordered Offender (MDO) has always reflected society’s intolerance and punitive attitude, typified by a desire to remove persons with mental illness from public sight (Gostin, 1983). Traditionally, health care for this population was provided in institutions until the 1950s. De-institutionalisation and large-scale closures of psychiatric institutes in the 1980s resulted from therapeutic advancement and the advent of psychotropic medication, which in turn led to a need to provide care and treatment in the least restrictive setting (Geller et al, 2006 ; Morrow e al 2003). Many patients were discharged, starting part of the government's policy of care in the community, part of which Community Treatment Orders (CTOs) are. Introduced internationally since 1980, CTOs were introduced in England and Wales with the amendment to the 1983 Mental Health Act, in 2007. An analysis and evaluation of the adequacy and appropriateness of the laws and services related to MDOs, regarding their treatment in the community will be the focus of this assignment. Recommendations of where changes or enhancements might be useful will be proposed.
The Mental Health Act (1983) states that the treatment of MDOs is not a medical matter, but a matter for the courts to decide and define. . The Criminal Justice Act (2003) stipulates that offenders must be punished, rehabilitated and the public protected from any harm they pose. In some cases it is appropriate that an offender be detained in institutions (Khanom et al, 2009). Although imprisonment is an appropriate place to detain offenders for the protection of the public, MDOs who have diminished capacity warrant a different form of treatment (Bean, 1986). As illustrated in the Bradley Report (2009; 91) community sentences can ‘provide safe and positive opportunities for offenders with mental health problems
Care and treatment for the Mentally Disordered Offender (MDO) has always reflected society’s intolerance and punitive attitude, typified by a desire to remove persons with mental illness from public sight (Gostin, 1983). Traditionally, health care for this population was provided in institutions until the 1950s. De-institutionalisation and large-scale closures of psychiatric institutes in the 1980s resulted from therapeutic advancement and the advent of psychotropic medication, which in turn led to a need to provide care and treatment in the least restrictive setting (Geller et al, 2006 ; Morrow e al 2003). Many patients were discharged, starting part of the government's policy of care in the community, part of which Community Treatment Orders (CTOs) are. Introduced internationally since 1980, CTOs were introduced in England and Wales with the amendment to the 1983 Mental Health Act, in 2007. An analysis and evaluation of the adequacy and appropriateness of the laws and services related to MDOs, regarding their treatment in the community will be the focus of this assignment. Recommendations of where changes or enhancements might be useful will be proposed.
The Mental Health Act (1983) states that the treatment of MDOs is not a medical matter, but a matter for the courts to decide and define. . The Criminal Justice Act (2003) stipulates that offenders must be punished, rehabilitated and the public protected from any harm they pose. In some cases it is appropriate that an offender be detained in institutions (Khanom et al, 2009). Although imprisonment is an appropriate place to detain offenders for the protection of the public, MDOs who have diminished capacity warrant a different form of treatment (Bean, 1986). As illustrated in the Bradley Report (2009; 91) community sentences can ‘provide safe and positive opportunities for offenders with mental health problems
References: CSIP/Shift, 2006, Mind over matter, Improving media reporting of mental health. Department of Health, 2004), National Confidential Inquiry into Suicide and Homicide by People with Mental Illness – Annual report: England and Wales 2009 Reed DJ. 1992, Review of Health and Social Services for Mentally Disordered Offenders and Others Requiring similar Services, Final Summary Report, Home Office. National Confidential Inquiry into Suicide and Homicide by People with Mental Illness – Annual report: England and Wales 2009 Fazel S, Långström N, Hjern A, Grann M, and Lichtenstein P, 2009, Schizophrenia, substance abuse and violent crime, JAMA 2009;301(19):2016-23. Another Assault, Mind, 2007http://www.mind.org.uk/campaigns_and_issues/current_campaigns/an