Forensics_SPMM_1 Flashcards
What happens during the police arrest phase?
Police place charges against a suspect. After a brief period of custody, the suspect is usually bailed with conditions until their court hearing.
What occurs if the police do not grant bail?
A court hearing takes place at the earliest possible time.
What should happen if an individual is suspected to have a mental disorder during arrest?
An ‘appropriate adult’ should be informed and asked to attend the police station (Police and Criminal Evidence Act [PACE] guidelines).
What role does the Crown Prosecution Service (CPS) play in the courts phase?
The CPS decides if the prosecution should continue based on whether the public interest outweighs other concerns.
What can happen after the first hearing in court?
The individual can be bailed into the community or remanded into custody depending on the severity of the offence.
What is the purpose of remanding an individual to hospital?
To assess substance misuse and mental health, providing the court with a report on the individual’s mental disorder.
What happens if the Crown Court finds the accused unfit to plead?
There will be a trial of facts to decide whether the individual committed the accused act.
What are the possible disposals after a full trial?
The accused may be (1) absolutely discharged, (2) placed on a probation or health supervision order, (3) sentenced to prison, or (4) disposed to hospital care.
What is a supervision order?
It allows an individual to receive support and treatment, usually with the aid of a social worker.
What is the purpose of a Section 37 guardianship order?
To ensure the offender receives care and protection rather than medical treatment in the community.
What happens in very serious cases with a hospital order?
The Crown Court may add a restriction order (section 41) which has no time limit.
What is the role of the Responsible Clinician (RC) regarding hospital orders?
The RC can renew the section at the end of specified periods and must grant permission for leave or discharge if a restriction is added.
What is a transfer section (section 47)?
It can be used to transfer a sentenced prisoner from prison to hospital.
What happens if a sentenced prisoner is transferred to a hospital?
A restriction direction (section 49) is usually added, preventing the hospital from discharging the individual.
How can a sentenced prisoner be detained in hospital?
In some jurisdictions, they can be detained longer than their sentence tariff.
