scholarly journals Diminished responsibility in Scotland: new technology and old legal definitions

1993 ◽  
Vol 17 (8) ◽  
pp. 484-486
Author(s):  
Mary Stewart
Keyword(s):  
Mental Illness ◽  
Mental Disorder ◽  
Brain Imaging ◽  
New Technology ◽  
Test Results ◽  
England And Wales ◽  
High Court ◽  
Points Of Interest ◽  
Murder Trial ◽  
Diminished Responsibility

The following recent murder trial at a Scottish High Court raises some points of interest to all UK psychiatrists in relation to the use of brain imaging test results as psychiatric evidence and their relevance to the question of diminished responsibility. It should be noted that in Scotland diminished responsibility has a much narrower scope than that encountered in the England and Wales (Chiswick, 1991) and is dependent upon the presence of a “mental disorder or a mental illness or disease” (Connelly v HMA 1990).

scholarly journals Rates of mental disorder in people convicted of homicide

2006 ◽  
Vol 188 (2) ◽  
pp. 143-147 ◽  
Author(s):  
Jenny Shaw ◽  
Isabelle M. Hunt ◽  
Sandra Flynn ◽  
Janet Meehan ◽  
Jo Robinson ◽  
...  
Keyword(s):  
Mental Illness ◽  
Mental Disorder ◽  
Severe Mental Illness ◽  
Mental Healthcare ◽  
Psychiatric Services ◽  
England And Wales ◽  
History Of ◽  
Clinical Survey ◽  
The Relationship ◽  
Diminished Responsibility

BackgroundPrevious studies of people convicted of homicide have used different definitions of mental disorder.AimsTo estimate the rate of mental disorder in people convicted of homicide; to examine the relationship between definitions, verdict and outcome in court.MethodA national clinical survey of people convicted of homicide (n=1594) in England and Wales (1996–1999). Rates of mental disorder were estimated based on: lifetime diagnosis, mental illness at the time of the offence, contact with psychiatric services, diminished responsibility verdict and hospital disposal.ResultsOf the 1594, 545 (34%) had a mental disorder: most had not attended psychiatric services; 85 (5%) had schizophrenia (lifetime); 164 (10%) had symptoms of mental illness at the time of the offence; 149 (9%) received a diminished responsibility verdict and 111 (7%) a hospital disposal – both were associated with severe mental illness and symptoms of psychosis.ConclusionsThe findings suggest an association between schizophrenia and conviction for homicide. Most perpetrators with a history of mental disorder were not acutely ill or under mental healthcare at the time of the offence. Some perpetrators receive prison sentences despite having severe mental illness.

R v Westwood (Thomas): diminished responsibility and disposals under the Mental Health Act 1983

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Sean Mennim
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
England And Wales ◽  
Mental Health Act ◽  
Court Of Appeal ◽  
Diminished Responsibility

This is a commentary on R v Westwood (Thomas), where the Court of Appeal of England and Wales held that the judge had erred in assessing Westwood’s ‘retained responsibility’ as medium to high under the Sentencing Council Guideline for manslaughter by reason of diminished responsibility. Although the sentencing judge concluded that the offending was caused by Westwood’s anger, the Court of Appeal found the psychiatric evidence clearly indicated that the most significant factor was Westwood’s mental illness and that his anger at the time of the offence was a manifestation of his mental illness. Westwood’s responsibility was low, and it was appropriate to impose both a hospital and restriction order.  

Female homicide

1990 ◽  
Vol 7 (1) ◽  
pp. 64-70 ◽  
Author(s):  
P T d'Orbán
Keyword(s):  
Mental Disorder ◽  
Special Reference ◽  
Family Members ◽  
Annual Average ◽  
England And Wales ◽  
Probation Order ◽  
Diminished Responsibility

AbstractThe incidence, characteristics and patterns of female homicide are reviewed, with special reference to England and Wales. The male:female ratio for homicide offences (7.6) is similar to the ratio for other offences of violence. However, murder is almost exclusively committed by men, and in the 1980's the annual average of female murder convictions was only 6.5 per annum. By contrast, females relatively more often commit homicide offences related to mental disorder (diminished responsibility manslaughter and infanticide). Women have a better chance of acquittal of murder and are more likely to be dealt with by a Probation Order than imprisonment. About 80% of the victims of female homicide are family members; 40-45% kill their children and about one-third kill their spouse or lover. The patterns of female filicide and parricide are reviewed. Further research is required into patterns of spouse-murder.

scholarly journals Trends in rates of mental illness in homicide perpetrators

2011 ◽  
Vol 198 (6) ◽  
pp. 485-489 ◽  
Author(s):  
Nicola Swinson ◽  
Sandra M. Flynn ◽  
David While ◽  
Alison Roscoe ◽  
Navneet Kapur ◽  
...  
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Health Services ◽  
Health Services ◽  
Mental Disorder ◽  
Serious Mental Illness ◽  
Case Series ◽  
Drug Misuse ◽  
Psychotic Symptoms ◽  
Diminished Responsibility

BackgroundThe rise in homicides by those with serious mental illness is of concern, although this increase may not be continuing.AimsTo examine rates of mental illness among homicide perpetrators.MethodA national consecutive case series of homicide perpetrators in England and Wales from 1997 to 2006. Rates of mental disorder were based on data from psychiatric reports, contact with psychiatric services, diminished responsibility verdict and hospital disposal.ResultsOf the 5884 homicides notified to the National Confidential Inquiry into Suicide and Homicide by People with Mental Illness between 1997 and 2006, the number of homicide perpetrators with schizophrenia increased at a rate of 4% per year, those with psychotic symptoms at the time of the offence increased by 6% per year. The number of verdicts of diminished responsibility decreased but no change was found in the number of perpetrators receiving a hospital order disposal. The likeliest explanation for the rise in homicide by people with psychosis is the misuse of drugs and/or alcohol, which our data show increased at a similar magnitude to homicides by those with psychotic symptoms. However, we are unable to demonstrate a causal association. Although the Poisson regression provides evidence of an upward trend in homicide by people with serious mental illness between 1997 and 2006, the number of homicides fell in the final 2 years of data collection, so these findings should be treated with caution.ConclusionsThere appears to be a concomitant increase in drug misuse over the period, which may account for this rise in homicide. However, an increase in the number of people in contact with mental health services may suggest that access to mental health services is improving. Previous studies have used court verdicts such as diminished responsibility as a proxy measure of mental disorder. Our data indicate that this does not reflect accurately the prevalence of mental disorder in this population.

scholarly journals Mental disorder in people convicted of homicide: long-term national trends in rates and court outcome

2020 ◽  
pp. 1-7
Author(s):  
Sandra Flynn ◽  
Saied Ibrahim ◽  
Nav Kapur ◽  
Louis Appleby ◽  
Jenny Shaw
Keyword(s):  
Mental Illness ◽  
Health Services ◽  
Mental Disorder ◽  
Serious Mental Illness ◽  
Substance Misuse ◽  
Case Series ◽  
Limited Information ◽  
Home Office ◽  
England And Wales ◽  
Complex Needs

Background Homicide rates have fallen markedly in the UK over the past decade. There has been little research on whether homicides by people with mental disorder have contributed to this downward trend. Furthermore, there is limited information on trends in court outcomes for people with mental disorder who commit homicide. Aims To examine trends in general population homicide and homicide by people with mental disorder, and to explore court outcome. Method We conducted a national, consecutive case series of homicide in England and Wales (1997–2015). Data were received from the Home Office Statistics Unit of Home Office Science. Clinical information was obtained from psychiatric reports and mental health services. Results There has been a fall in the homicide rate in England and Wales since 2008. Despite this, the relative contribution of mental disorder as a proportion of all homicide has increased. Our findings also showed the inappropriate management of people with serious mental illness convicted of homicide. Of those who committed homicide and were diagnosed with schizophrenia, a third were imprisoned, and there was a marked fall in hospital order referrals. We found this to be linked to substance misuse comorbidity. Conclusions The proportional increase in homicide by people with schizophrenia suggests more complex factors may be driving rates, such as substance misuse. Addressing substance misuse comorbidity and maintaining engagement with services may help prevent patient homicide. Despite their complex needs, people with serious mental illness continue to be imprisoned. Improvements in assessment and the timely transfer of prisoners to health services are required.

Unfitness to Plead in England and Wales

2018 ◽  
Author(s):  
Rudi Fortson
Keyword(s):  
Mental Illness ◽  
Learning Disability ◽  
Developmental Disorder ◽  
Criminal Offence ◽  
Legal Process ◽  
England And Wales ◽  
Criminal Jurisdiction ◽  
Communication Impairment ◽  
The Law ◽  
Law Commission

This chapter examines the legal and practical issues encountered by practitioners when dealing with unfitness to plead litigation. As the Law Commission for England and Wales has pointed out, defendants charged with a criminal offence may be unfit to plead or to stand trial for a variety of reasons, including difficulties resulting from mental illness, learning disability, developmental disorder, or communication impairment. Two issues are considered: (i) how might those defendants who are unfit be accurately identified; and (ii) what steps should be taken by legal practitioners and by the courts of criminal jurisdiction to cater for the interests of vulnerable defendants, victims, and society, and to maintain the integrity of the legal process as one that is fair and just? The chapter evaluates the reform proposals of the English Law Commission and assesses how the law could be improved for all those who are involved in dealing with the unfit to plead.

scholarly journals Latent profiles of early developmental vulnerabilities in a New South Wales child population at age 5 years

2017 ◽  
Vol 52 (6) ◽  
pp. 530-541 ◽  
Author(s):  
Melissa J Green ◽  
Stacy Tzoumakis ◽  
Kristin R Laurens ◽  
Kimberlie Dean ◽  
Maina Kariuki ◽  
...  
Keyword(s):  
Mental Illness ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Early Development ◽  
Latent Class ◽  
New South ◽  
Criminal Offending ◽  
Parental History ◽  
South Wales ◽  
History Of

Objective: Detecting the early emergence of childhood risk for adult mental disorders may lead to interventions for reducing subsequent burden of these disorders. We set out to determine classes of children who may be at risk for later mental disorder on the basis of early patterns of development in a population cohort, and associated exposures gleaned from linked administrative records obtained within the New South Wales Child Development Study. Methods: Intergenerational records from government departments of health, education, justice and child protection were linked with the Australian Early Development Census for a state population cohort of 67,353 children approximately 5 years of age. We used binary data from 16 subdomains of the Australian Early Development Census to determine classes of children with shared patterns of Australian Early Development Census–defined vulnerability using latent class analysis. Covariates, which included demographic features (sex, socioeconomic status) and exposure to child maltreatment, parental mental illness, parental criminal offending and perinatal adversities (i.e. birth complications, smoking during pregnancy, low birth weight), were examined hierarchically within latent class analysis models. Results: Four classes were identified, reflecting putative risk states for mental disorders: (1) disrespectful and aggressive/hyperactive behaviour, labelled ‘misconduct risk’ ( N = 4368; 6.5%); (2) ‘pervasive risk’ ( N = 2668; 4.0%); (3) ‘mild generalised risk’ ( N = 7822; 11.6%); and (4) ‘no risk’ ( N = 52,495; 77.9%). The odds of membership in putative risk groups (relative to the no risk group) were greater among children from backgrounds of child maltreatment, parental history of mental illness, parental history of criminal offending, socioeconomic disadvantage and perinatal adversities, with distinguishable patterns of association for some covariates. Conclusion: Patterns of early childhood developmental vulnerabilities may provide useful indicators for particular mental disorder outcomes in later life, although their predictive utility in this respect remains to be established in longitudinal follow-up of the cohort.

Learning disability and the Scottish Mental Health Act

2017 ◽  
Vol 11 (2) ◽  
pp. 74-82
Author(s):  
Heather Welsh ◽  
Gary Morrison
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Learning Disabilities ◽  
Mental Disorder ◽  
Learning Disability ◽  
Psychotic Disorders ◽  
Content Type ◽  
Mental Health Legislation ◽  
Scottish Government ◽  
Health Legislation

Purpose The purpose of this paper is to investigate the use of the Mental Health (Care and Treatment) (Scotland) Act 2003 for people with learning disabilities in Scotland, in the context of the recent commitment by the Scottish Government to review the place of learning disability (LD) within the Act. Design/methodology/approach All current compulsory treatment orders (CTO) including LD as a type of mental disorder were identified and reviewed. Data was collected on duration and type of detention (hospital or community based) for all orders. For those with additional mental illness and/or personality disorder, diagnoses were recorded. For those with LD only, symptoms, severity of LD and treatment were recorded. Findings In total, 11 per cent of CTOs included LD as a type of mental disorder. The majority of these also included mental illness. The duration of detention for people with LD only was almost double that for those without LD. A variety of mental illness diagnoses were represented, psychotic disorders being the most common (54 per cent). Treatment was broad and multidisciplinary. In all, 87 per cent of people with LD only were prescribed psychotropic medication authorised by CTO. Originality/value There has been limited research on the use of mental health legislation for people with learning disabilities. This project aids understanding of current practice and will be of interest to readers both in Scotland and further afield. It will inform the review of LD as a type of mental disorder under Scottish mental health law, including consideration of the need for specific legislation.

scholarly journals Diminished responsibility and alcohol

2010 ◽  
Vol 16 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Nuwan Galappathie ◽  
Krishma Jethwa
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Law Reform ◽  
England And Wales ◽  
Life Sentence ◽  
The Law ◽  
Diminished Responsibility

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.

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