In Perth sheriff court a man was recently prosecuted for disorderly conduct. He was depressed and jumped off a bridge. It was the anniversary of his son's death.
From a mental health practitioners point of view, it is important to provide support to someone who is depressed and potentially at risk of taking their own life. In this post, I examine whether or not the criminal law, in the form of the Police and the Crown takes the same view
The Equality Act 2010
As you may be aware, mental ill health often falls within the protected characteristic of "disability" in terms of the Equality Act 2010. Provided that the condition lasts, or is likely to last more than 12 months and also has a substantial effect on a persons ability to carry out day to day activities.
This important legal protection, is designed to ensure people who have mental Ill health do not experience discrimination and are also entitled to reasonable adjustments in the work place.
This being said, where does it leave the criminal law? Obviously, if someone commits a crime, the police are entitled to investigate and the Crown is entitled to prosecute, in the public interest. However, what happens if someone is depressed and attempts to take their own life?
Police and the Crown
Before last week, I would have answered the question with a resounding Yes! I would have confidently stated that the Police and the Crown would have had appropriate training in mental health issues, in compliance with their civil law obligations under common law, to take reasonable care, under the human rights act, to act proportionately and also under the Equality Act, as a public authority required not to discriminate and also to promote equality of opportunity as a general duty.
However, today, I am less certain and am now no longer as confident as I was before.
The reason for my uncertainty was the story mentioned above carried online by STV News. The man was prosecuted and now potentially faces a prison sentence. The sheriff outlined his reasoning, namely that the man had placed the rescue service at unnecessary risk and he wanted to deter anyone from taking similar action.
I am not in full possession of the facts, as such I cannot comment on the specifics of this case. However, it does concern me from what has been reported that this case was both prosecuted by the Crown and that the Sheriff wished to deter others from jumping off of a bridge.
There was no mention of the man's mental welfare or concern that support should be offered.
Support not Prosecution
If someone is depressed, they require support not prosecution.
Similarly, if someone has taken steps to take their own life life, they also require support.
We cannot allow our criminal justice system to revert to a 19th century system where attempted suicide is criminalised and where people who are experiencing mental ill health are routed through the criminal justice system because they are not offered support, or do not know where to access support.
There are exceptions to this reasoning, if someone is a risk to others, or at risk to themselves then the law must act; but only where it is appropriate to do so.
Concerns
In the current economic climate, I am concerned that with further cut backs planned, support services for people who have mental ill health will not meet the needs of the people who they are designed to serve.
There is already a high prevalence of mental ill health within the criminal justice system.
My primary concern is that the justice system will become a poor substitute for support services that ought to be there in the first place.
As you may be aware, mental ill health often falls within the protected characteristic of "disability" in terms of the Equality Act 2010. Provided that the condition lasts, or is likely to last more than 12 months and also has a substantial effect on a persons ability to carry out day to day activities.
This important legal protection, is designed to ensure people who have mental Ill health do not experience discrimination and are also entitled to reasonable adjustments in the work place.
This being said, where does it leave the criminal law? Obviously, if someone commits a crime, the police are entitled to investigate and the Crown is entitled to prosecute, in the public interest. However, what happens if someone is depressed and attempts to take their own life?
Police and the Crown
Before last week, I would have answered the question with a resounding Yes! I would have confidently stated that the Police and the Crown would have had appropriate training in mental health issues, in compliance with their civil law obligations under common law, to take reasonable care, under the human rights act, to act proportionately and also under the Equality Act, as a public authority required not to discriminate and also to promote equality of opportunity as a general duty.
However, today, I am less certain and am now no longer as confident as I was before.
The reason for my uncertainty was the story mentioned above carried online by STV News. The man was prosecuted and now potentially faces a prison sentence. The sheriff outlined his reasoning, namely that the man had placed the rescue service at unnecessary risk and he wanted to deter anyone from taking similar action.
I am not in full possession of the facts, as such I cannot comment on the specifics of this case. However, it does concern me from what has been reported that this case was both prosecuted by the Crown and that the Sheriff wished to deter others from jumping off of a bridge.
There was no mention of the man's mental welfare or concern that support should be offered.
Support not Prosecution
If someone is depressed, they require support not prosecution.
Similarly, if someone has taken steps to take their own life life, they also require support.
We cannot allow our criminal justice system to revert to a 19th century system where attempted suicide is criminalised and where people who are experiencing mental ill health are routed through the criminal justice system because they are not offered support, or do not know where to access support.
There are exceptions to this reasoning, if someone is a risk to others, or at risk to themselves then the law must act; but only where it is appropriate to do so.
Concerns
In the current economic climate, I am concerned that with further cut backs planned, support services for people who have mental ill health will not meet the needs of the people who they are designed to serve.
There is already a high prevalence of mental ill health within the criminal justice system.
My primary concern is that the justice system will become a poor substitute for support services that ought to be there in the first place.
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