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Chapter

What is the nature of the relationship between mental disability and crime? This chapter examines its nature, scope, direction, and implications for the study of criminology. Its early sections critically assess issues of definition, causation and of the success of treatment interventions. Its latter part reviews developments in policy and the emerging blurring of risk-oriented and therapeutic objectives. It concludes by urging a more sophisticated and less discriminatory approach to the field, which does not focus on diagnoses but rather on a holistic understanding of the relationship between people and crime.

Chapter

This chapter examines the powers of criminal courts to make a mental health-based disposal rather than relying on the options available within the criminal justice and penal system when faced with a mentally disordered person accused or convicted of a crime. It considers the practical shape of diversion policy, in terms of a series of decisions made by criminal courts, at the various stages of the criminal process, as to whether an accused or convicted person should remain within the criminal justice system or instead be diverted into the mental health system.

Book

Andrew Sanders, Richard Young, and Mandy Burton

Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales, as well as thought-provoking insights into how it might be altered and improved. Tracing the procedures surrounding the apprehension, investigation, and trial of suspected offenders, this book is the ideal companion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis. Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the book has been fully updated with recent developments, including recent terrorism legislation and the Criminal Justice and Immigration Bill. Students are aided by the addition of a new Online Resource Centre that directs them to related cases and current events, successfully highlighting the importance and ever-changing nature of the subject. In this, the book's fourth edition: an experienced new co-author, Dr. Mandy Burton, joins the writing team; the text features chapter summaries and selected further reading lists to support the student and encourage further research; the content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments; and the text is informed by the authors' own specialist research into penalty notices for disorder and integrated domestic violence courts.

Book

Understanding Deviance provides a comprehensive guide to the current state of criminological theory. It outlines the principal theories of crime, deviance, and rule-breaking, discussing them chronologically, and placing them in their European and North American contexts considering major criticisms that have been voiced against them, and constructing defences where appropriate. The volume has been revised and brought up-to-date to include new issues of crime, deviance, disorder, criminal justice, and social control in the early twenty-first century. It considers new trends in criminological theory such as cultural criminology and public criminology, further discussion of how post-modernism and the ‘risk society’ is reformulating crime and deviance, and an assessment of how different approaches address the fall in crime rates across most democratic and developed societies. There is also a new chapter on victimology.

Chapter

This chapter examines the role of the police, both as agents of the criminal justice system and as agents of the mental health system. It discusses the policy of diversion; police encounters with mentally disordered persons; the diversion of mentally disordered criminal suspects into an investigative regime with greater safeguards than are ordinarily implemented; and the meaning of ‘absent without leave’.

Chapter

This chapter begins with brief descriptions of the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA), and then discusses who the insane; the complex relationship between mental illness and medicine; the statutory definition of mental disorder and the scope of the MHA; mental health care; and sources of mental health law.

Chapter

This chapter considers the offences of rape and sexual assault. It begins with a discussion of the law on sexual offences covering the perpetrators and victims of rape; assault by penetration; causing sexual activity without consent; sexual offences designed to protect children; offences against those with a mental disorder; prostitution and trafficking; and incest. The second part of the chapter focuses on the theory of sexual offences and sexual crimes; statistics on rape; the nature of rape; consent and sexual activity; the mens rea for rape; and the actus reus of rape.

Chapter

This chapter first considers statistics on mental health in the UK. It then discusses the Mental Health Act (MHA) 1983; the MHA 1983 Code of Practice; reforms to the law under the 2007 Act; problems in mental health practice; critics of mental health; and paternalism as the ground for detention. It highlights the difficulty in striking the correct balance between protecting the public from the perceived threat of mentally disordered people and protecting the rights of those who suffer mental illness. The chapter also illustrates how the principle of autonomy, which plays such an important role in medical law and ethics, is given much less prominence in the area of mental health law.

Chapter

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter provides a discussion on criminal damage and public order offences. Arson is a crime that is committed by fire. Life imprisonment is the maximum penalty for simple or aggravated arson, while, for ‘simple’ criminal damage, the maximum sentence is ten years’ imprisonment. Riot comprises 12 or more people using or threatening unlawful violence for a common purpose. Thus, an offender is only guilty under the Public Order Act 1986 if they were together using or threatening violence. Violent disorder, which includes three or more people using or threatening unlawful violence for a common purpose, carries a maximum penalty of five years’ imprisonment. Affray refers to using or threatening violence in a group. Its maximum punishment is three years’ imprisonment. The maximum imprisonment of fear or provocation of violence is six months. Furthermore, aggravated trespass is subject to a maximum sentence of three months’ imprisonment.

Chapter

This chapter presents the concept of mental disorder in contrast with the possible physiological influences in criminal behaviour. The idea behind the concept is that the underlying causes are not physical in nature, but are due to the workings of the ‘mind’. The chapter begins with a consideration of whether differences in individuals’ cognitive capacity-or, as it is usually called, intelligence-can have any bearing on the likelihood of their acting in an antisocial manner. It also discusses the definition of ‘learning disability’, a legal classification defined as a state of arrested or incomplete development of the mind, which includes significant impairment of intelligence and social functioning.

Book

Edited by Chris Hale, Keith Hayward, Azrini Wahidin, and Emma Wincup

Criminology is an ideal textbook for undergraduate students approaching the subject for the first time. It offers a comprehensive overview of key criminological issues from specialists in the field, enabling students to gain a full and rounded understanding of the subject. The book examines a wide range of topics, including historical and contemporary understandings of crime and criminal justice; different forms of crime—from street crime to state crime; who commits crime and who the victims of crime are; and how society and state agencies respond to crime and disorder. The contributions offer clear, accessible introductions to the main topics and issues of criminology. The book includes questions, summaries, further reading guidance, useful web links, and tables and diagrams throughout, which help students to understand the more challenging issues and engage with the key debates. The third edition includes contributions from six new authors from the universities of Kent, Durham, Southampton, Cardiff, and Northumbria. They include a chapter on the emergence, scope, and regulation of cybercrime; and on ‘crime, culture, and everyday life’, an area of growing importance. The book is accompanied by an extensive Online Resource Centre that can be used by lecturers and students alike.

Chapter

The Public Order Act 1986 is the principal source of public order offences. These are riot, violent disorder and affray, along with inducing fear of violence and behaviour likely to cause harassment, alarm or distress. Some of the offences in the 1986 Act may be committed in private, but their public order foundations are paramount and these offences should not be treated as merely additional offences against the person. This chapter deals with offences against public order. It also considers harassment, alarm or distress, racially aggravated public order offences and acts intended or likely to incite racial or religious hatred and hatred on the grounds of sexual orientation. The chapter concludes by looking at public nuisance and vicarious liability.

Chapter

The Public Order Act 1986 is the principal source of public order offences. These are riot, violent disorder and affray, along with inducing fear of violence and behaviour likely to cause harassment, alarm or distress. Some of the offences in the 1986 Act may be committed in private, but their public order foundations are paramount and these offences should not be treated as merely additional offences against the person. This chapter deals with offences against public order. It also considers harassment, alarm or distress, racially aggravated public order offences and acts intended or likely to incite racial or religious hatred and hatred on the grounds of sexual orientation. The chapter concludes by looking at public nuisance and vicarious liability.

Chapter

This chapter presents the concept of mental disorder, in contrast to the possible physiological influences in criminal behaviour. The idea behind the concept is that the underlying causes are not physical in nature, but are due to the workings of the ‘mind’. The chapter begins with a consideration of whether differences in individuals’ cognitive capacity—or, as it is usually called, intelligence—can have any bearing on the likelihood of their acting in an antisocial manner. It also discusses the definition of ‘learning disability’, a legal classification defined as a state of arrested or incomplete development of the mind, which includes significant impairment of intelligence and social functioning.

Chapter

6. Instead of punishment?  

Restorative justice, child welfare, and medical treatment

This chapter looks at three aspects of sentencing and punishment which—though very different—potentially offer alternatives to a focus on punishment. It first discusses an alternative rationale and approach for responding to those who commit offences, restorative justice and then discusses two sets of offenders where the court does not have to sentence strictly in line with just deserts. So it focuses on children and young people under 18 years of age and examines the policies developed to take into account the welfare of the child, such as diversion from prosecution and a modified approach to strict proportionality of penal responses. Next the chapter focuses on those offenders who are deemed to be mentally disordered and reviews those options available to the sentencing court which focus on treatment rather than punishment. Finally, the chapter provides reflective exercises for all three (potential) alternatives to punishment.

Chapter

This chapter reviews the current policy focus on the ‘dangerous’ offender and the aim of protecting the public from the risk posed by an offender’s reoffending. It discusses developments in relation to a ‘culture of control’ and examines the utilitarian justifications for the incapacitation of offenders, or groups of offenders, believed to be dangerous. The chapter focuses on incapacitation, which is another utilitarian tool, but one that uses the removal of an offender from public life. It also examines the changes in sentencing law, focusing on new indeterminate sentences and the extended sentence, as well as the provisions for control of dangerous prisoners through early release procedures and through preventive orders. It also considers the dangerous mentally disordered offender.

Chapter

This chapter examines treatment for mental disorder, and in particular treatment without consent. The discussions cover treatment outside the scope of the Mental Health Act 1983; statutory provisions for compulsory treatment of detained patients for mental disorder; involuntary treatment of detained patients for mental disorder; and the UN Convention on the Rights of Persons with Disabilities.

Chapter

This chapter considers the ways in which the criminal law treats people suffering from mental disorders. The following controversies are examined: when an individual can be regarded as mentally incapable of being tried; the relationship between insane and sane automatism; the extent to which the insanity defence reflects modern psychiatric practice; whether the lack of direct correlation between the medical and legal definitions of ‘insanity’ infringes the European Convention on Human Rights (ECHR); and how the insanity defence ought to be reformed.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on statutory provisions governing mental health and mental health disorders, with particular reference to the Mental Health Act 1983 and the Mental Capacity Act 2005. It first outlines modern approaches to mental disorders, including legal reforms and the MHA 1983 Code of Practice (2015). It considers the main routes by which patients are admitted to the mental health system (voluntary or involuntary), deprivation of liberty, and the issue of consent with regards to medical treatment. Finally, the chapter discusses community care that must be provided to people with mental health disorders following discharge from hospital, particularly after-care and supervised community treatment orders. Relevant court cases are cited where appropriate.

Chapter

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault, and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below thirteen years of age, sexual offences against children aged thirteen to sixteen, causing a child to watch a sexual act, arranging or facilitating commission of a child sex offence, and meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography, and taking indecent photographs of children.