NCJ Number
56495
Journal
British Journal of Psychiatry Volume: 133 Dated: (SEPTEMBER 1978) Pages: 194-199
Date Published
1978
Length
6 pages
Annotation
THE LEGISLATIVE HISTORY DEFINING THE HANDLING OF MENTALLY DISORDERED OFFENDERS IN ENGLAND IS TRACED, AND THE REASONS FOR THE CURRENT LACK OF AVAILABILITY OF MENTAL HEALTH SERVICES FOR SUCH OFFENDERS ARE CONSIDERED.
Abstract
THE TERM 'MENTAL DISORDER' REFERES TO THOSE STATES OF MIND WHICH HAVE BEEN CLASSIFIED AND DEFINED IN THE BRITISH MENTAL HEALTH ACT OF 1959. IN THE CASE OF OFFENDERS SUFFERING FROM SUCH STATES, THE ACT PROVIDES THAT HOSPITAL ADMISSION IS PERMITTED ON THE BASIS OF THE NATURE AND DEGREE OF THE ILLNESS, REGARDLESS OF WHETHER THE OFFENSE WAS CAUSALLY RELATED TO A MENTAL DISORDER. EVEN THOUGH EXISTING LEGISLATION PROVIDES FOR THE HOSPITALIZATION OF MENTALLY ILL OFFENDERS, A 1977 SURVEY OF ALL PRISON MEDICAL OFFICERS REVEALED THAT HUNDREDS OF PRISONERS WHO, IN THE JUDGEMENT OF MEDICAL OFFICERS, QUALIFIED FOR HOSPITAL ADMISSION UNDER THE MENTAL HEALTH ACT, WERE BEING HELD IN PRISONS. THE 'OPEN-DOOR' POLICY OUT OF WHICH MOST MENTAL HEALTH HOSPITALS CURRENTLY OPERATE PROVIDES FOR MINIMIZING CUSTODIAL RESTRAINTS ON MENTAL PATIENTS WHILE EMPHASING TREATMENT THAT EFFECTS THE RELEASE OF THE PATIENT AS QUICKLY AS POSSIBLE. PATIENTS REQUIRING SPECIAL CUSTODIAL CARE, WHOSE PROGNOSIS FOR RELEASE IS POOR, RECEIVE LOW PRIORITY IN ADMISSIONS POLICY. MANY MENTALLY ILL OFFENDERS ARE IN THIS CATEGORY. SINCE MANY OF THESE OFFENDERS ARE ALREADY UNDER CUSTODIAL CARE IN PRISONS, HOSPITAL PERSONNEL ARE UNWILLING TO ADMIT THEM, BECAUSE OF THE READJUSTMENTS IN PROGRAM AND FACILITY USE THAT WOULD BE REQUIRED. HOSPITALS HAVE TOO EASILY ADOPTED AN OPERATIONAL POLICY THAT DOES NOT CONSIDER THE NEEDS OF MENTALLY ILL PERSONS WHOSE NATURE AND DEGREE OF SICKNESS REQUIRE LONG-TERM CUSTODIAL CARE BY PERSONNEL IN A NON PRISON ENVIRONMENT. (RCB)