MENTALLY ILL OFFENDERS

Question 1

There are special provisions aimed at treating mentally ill offenders. What is the main additional power?

Answer 1

To give the offender a community sentence with a requirement

Question 2

What is the requirements of the main additional power granted to the courts?

Answer 2

he or she must

• attend for treatment
• or courts make a hospital order
• or courts make a restriction order

Question 3

What powers are the requirements of the main additional power governed under?

Answer 3

s.41 of the Mental Health Act 1983

Question 4

When will a community order requiring the offender to have treatment be used? (2)

Answer 4

When the court is satisfied that the mental condition is treatable and there is no need to make a hospital order

Question 5

Who does s.41 of the Mental Health Act 1983 target?

Answer 5

Severely mentally ill offenders who are a danger to the community

Question 6

Under s.41 of the Mental Health Act 1983, where are severely mentally ill offenders who are a danger to the community sent?

Answer 6

secure hospitals such as Broadmoor

Question 7

Who has the power to use s.41 of the Mental health Act 1983 to send away severly and dangerous mentally ill patients?

Answer 7

Magistrates Courts cannot

-Only a Crown Court

Question 8

Under s.41 of the Mental Health Act 1983, what is the extent in time of the order which the Crown Court can give?
(2)

Answer 8

-offender be detained for a set period indefinitely if necessary

Question 9

What must happen if an offender is detained for an indefinite period?

Answer 9

the hospital can only discharge him with the permission of the Home Secretary or the Mental Health Review Tribunal

Question 10

If an offender is detained for an indefinite period who must the hospital be granted permission from in order to discharge them? (2)

Answer 10

• Home Secretary

- Mental Health Review Tribunal