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Achieving justice for victims and witnesses with mental distress: a mental health toolkit for prosecutors and advocates
- Author:
- MIND
- Publisher:
- MIND
- Publication year:
- 2010
- Pagination:
- 39p.
- Place of publication:
- London
Previous research has found that, while people with mental health problems are more likely to be the victim of crime, they are less likely to see their case brought to justice. People experiencing mental distress are often regarded as unreliable or non-credible witnesses, meaning their cases may be dropped before they even reach court. For cases that do reach court, witnesses’ medical records or mental health history may be used inappropriately in an attempt to discredit their evidence. This mental health toolkit has been developed for prosecutors and independent legal advocates who prosecute cases involving victims or witnesses with mental distress. The toolkit contains practical advice and illustrative case studies to equip professionals with the skills to handle mental health evidence sensitively and appropriately, provide the right support to ensure victims and witnesses can give their best evidence, and challenge unacceptable use of psychiatric evidence by defence lawyers or other witnesses. The separate chapters of the toolkit cover: the experiences and implications of mental health; making decisions about credibility and reliability; relevance and duty of disclosure; using expert evidence and medical records; supporting people to give their best evidence; and firefighting on the day in court.
Achieving justice for victims and witnesses with mental distress: a quick guide to firefighting on the day in court
- Author:
- MIND
- Publisher:
- MIND
- Publication year:
- 2010
- Pagination:
- 5p.
- Place of publication:
- London
Research by Mind, a mental health charity, in 2007 found that people with experience of mental distress are disproportionately the victims of crime, but often face barriers to justice. This brief guide recaps the main points in Mind's mental health toolkit Achieving Justice for Victims and Witnesses with Mental Distress. It aims to support prosecutors and advocates in dealing with cases involving witnesses with mental distress where early preparation for a trial has not been possible, such as where advocates meet witnesses for the first time at the door of the court, or where mental distress only comes to light on the day of the trial. It covers indicators of mental distress, communicating with the witness, mental health experiences and implications, making decisions about credibility and reliability, relevance and duty of disclosure, using expert evidence and medical records, and supporting people to give their best evidence.
Exploring coping factors amongst men who were sexually abused in childhood
- Authors:
- O'LEARY Patrick J., GOULD Nick
- Journal article citation:
- British Journal of Social Work, 40(8), December 2010, pp.2669-2686.
- Publisher:
- Oxford University Press
Men who were sexually abused in childhood are overrepresented in mental health and other clinical populations. At the same time, a substantial number develop coping strategies that minimise the negative consequences of abuse. This study aimed to explore male victims’ long-term coping strategies, in order to better understand the nature of their coping and the variability in responses to childhood sexual abuse. The paper reports on one arm of a larger study of mental health outcomes for Australian men who are survivors of childhood sexual abuse. It presents findings from thematic analysis of qualitative interviews with 39 men, exploring how their coping mechanisms have developed and the nature of the advice for coping they would give to professionals or other survivors. The study found that coping strategies developed adaptively through the life course but clustered into 2 types: those that are concerned with forms of suppression and denial, which are associated with negative mental health outcomes; and those that involve reframing the abuse, which tend to be associated with more positive outcomes. Implications for practice are consistent with the advice suggested by the men themselves, that they were helped by consistent relationships with others who could provide practical support and inspire hope.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 3: at court
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 45p.
- Place of publication:
- London
This report, the third in a series of six, considers the process of attending court, including arriving at court, waiting to go into the court room, being in the court room and giving evidence. Generally, court users made their way to the court room alone and were daunted by the formal environment; this stress was significantly reduced by prior familiarisation with the court process, the presence of a support worker, and the support of the Witness Service in criminal courts. Court users who felt they needed support were willing to disclose their condition, but were not always aware of whether disclosure was appropriate or who was responsible for informing the court. In turn, staff often assumed that identification would already have occurred and did not feel that they had the expertise to carry out this function. Where the judiciary were aware of need, the adjustments which they made were helpful to court users and increased their sense of inclusion in proceedings. In criminal cases, special measures were helpful in supporting court users to give evidence. More specialist support was only required by those who felt unable to manage their conditions.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 2: before court
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 51p.
- Place of publication:
- London
This report, the second in a series of six, outlines the experiences of court users with these vulnerabilities from their first involvement with the justice system until their attendance at court. Across the courts, conditions were more likely to be identified when a support worker was present with the court user. In criminal cases, experiences varied greatly depending upon police awareness of the court user’s support needs. In civil proceedings, a lack of contact with the courts could impede identification, and court users depended on legal representatives or existing support networks to identify needs and provide support. Identification was most likely in family proceedings where assessments and close contact with professionals were common. Court users were unlikely to disclose their condition unprompted. Protocols for support in criminal courts meant that court users were more content with the level of information and support offered than was the case in civil and family proceedings, where no protocols or designation of responsibility for support existed.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 6: technical report
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 26p., bibliog.
- Place of publication:
- London
This report, the sixth in a series of six, presents details on a research project exploring the court experience of adults with mental health conditions, learning disabilities and limited mental capacity. The research relates to victims and witnesses in criminal cases, and to participants in civil and family cases. The report outlines the background to the research and presents the project’s research aims and methodology. This research was designed to investigate how the court system supports the complex and specific needs of adults with mental health conditions, learning disabilities and limited mental capacity. It explored the direct experiences of victims and witnesses in criminal cases, and case participants in civil and family courts. The project had two phases: a developmental scoping study and a programme of interviews with practitioners, court users and carers. The methodology was entirely qualitative. Recruitment was conducted in house through contact with a range of networks and support organisations. All study participants voluntarily self-disclosed their conditions, and definitions of conditions followed participants’ own usage. A process of informed consent tailored to individual need was used for all interviews.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 4: after court
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 25p.
- Place of publication:
- London
This report, the fourth in a series of six, outlines the ‘after-court’ process, including receiving verdicts in court, leaving the court and making the journey home, awaiting outcomes and receiving news at home, and moving on from the experience. Hearing a verdict in court and receiving news of the case outcome at home were times of particular stress and low mood for court users. They needed clear explanations to understand their case outcome, and emotional support to come to terms with it. Co-ordination between agencies to ensure that the court user was adequately supported at this point required careful management, but there are few protocols for support provision following court appearances. Many of the court users who were interviewed for this research did not feel any further support was necessary following case closure. However, where it was required, communication and cross-referrals between service providers were important to ensure the court user was not left unsupported.
Associations among violence exposure, mental disorder, substance use disorder, and HIV
- Authors:
- SHERBA R. Thomas, SINGER Mark I.
- Journal article citation:
- Journal of HIV/AIDS and Social Services, 9(1), January 2010, pp.58-76.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
Through the application of the conceptual model of HIV infection this study attempted to affirm the associations of violence exposure and co-occurring mental and substance use disorders (COD) with HIV. The study investigated what proportion of individuals who experience a lifetime mental health issue also experience lifetime violence exposure; whether the proportion of individuals who experience both a lifetime mental health issue and lifetime violence exposure differ based on HIV status; whether lifetime violence exposure is significantly associated with HIV infection; and whether COD is significantly associated with HIV infection. Participants were clients assessed for alcohol and other drug treatment through the network of providers overseen by the Alcohol and Drug Addiction Services Board of Cuyahoga County, Ohio, from December 2001 to July 2007. The study sample comprised 319 HIV infected subjects and 319 matched HIV uninfected subjects. The prevalence rate of COD with HIV infection was 26.3%. Through logistic regression modelling, both violence exposure and COD were found to be associated with HIV infection.
Witness support
- Author:
- THOMPSON Rose
- Journal article citation:
- Mental Health Today, April 2010, pp.28-29.
- Publisher:
- Pavilion
- Place of publication:
- Hove
When someone with a mental health problem becomes a victim of crime there may be concerns about how this person can be supported through the court process and whether their evidence will be taken seriously. This article describes the support available to victims and witnesses with mental health issues. All of the 42 Crown Prosecution Service (CPS) areas in England and Wales have a witness care unit, staffed by the CPS and the police. In these units, witness care officers provide a single point of contact for victims and witnesses and decide whether they could benefit from ‘special measures’ in court. These special measures include: video recorded evidence; screens around the witness box; giving evidence using a television link; giving evidence in private; using different ways of communicating (e.g. pictures or signs); and the use of intermediaries. When a prosecutor has concerns about the reliability of a witness’s evidence, the witness may be invited to a pre-trial witness interview so that the prosecutor can consider whether they are both reliable and credible. In some cases, a prosecution may not be appropriate because of the impact on the victim or witnesses. However, victims and witnesses with mental health issues should know that they have the same access to justice as everyone else.
Missing a beat: police responses to people with learning disabilities and mental health problems
- Authors:
- MACKENZIE Robin, WATTS John
- Journal article citation:
- Tizard Learning Disability Review, 15(4), October 2010, pp.34-40.
- Publisher:
- Emerald
Guidance has recently been issued to police officers on how to respond to people with learning disabilities and mental illnesses. The National Policing Improving Agency (NPIA) Guidance is the first of its sort to be endorsed by the UK Department of Health. It includes sections on definitions, mental health principles, responses to victims and witnesses, responses to suspects and offenders, the Mental Health Act 1983 and the Mental Capacity Act 2005, and police responses. The guidance recognises that people with learning disabilities and mental health problems come into contact with the police as victims of crime and as perpetrators, and that police officers are often the gateway for these people to access health care. This article reviews the guidance and comments on some of the advice, in the context of current issues and concerns. One of the main concerns is not with the guidance itself, but that it will not be backed up by adequate and regular training. It recommends that, before implementation, a survey is undertaken on the current responses of police officers to people with learning disabilities or mental illnesses. This survey can then be repeated in order to judge the impact of the guidance.