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EDITORIALS: Rajan Darjee and John Crichton New mental health legislation BMJ 2004; 329: 634-635 [Full text]

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An alternative to new mental health legislation

Adrian J Feeney   (6 October 2004)

An alternative to new mental health legislation 6 October 2004
Adrian J Feeney, Forensic SpR Fromeside Clinc, Blackberry Hill, Bristol, BS3 1LS Send response to journal: Re: An alternative to new mental health legislation	Editor-Darjee and Crichton note that whilst the revised draft mental health bill proposed for England and Wales has been “hijacked by a government department more concerned with locking up dangerous offenders than with the care of people with mental health problems” in Scotland such dangerous offenders were “appropriately placed within the criminal justice system, resulting in specific legislation.” (1) However the revised bill is not the only legislation which could be used for such high risk individuals. The new indeterminate sentences for public protection will be available for those offenders convicted of a sexual or violent offence (carrying a sentence of 10 years or more) and assessed by the court as posing a significant risk to the public, whether mentally disordered or not.(2) The offender will serve a set tariff period and will be released on licence only after the parole board has deemed that they no longer pose a risk to the public. Such sentences would not of course detain the unconvicted who are deemed to be high risk in the future. These sentences will operate in a similar fashion to the present discretionary life sentences. It remains to be seen whether the judiciary greets them with any more enthusiasm. Maden and Coid have already called for a “new and coherent strategy for high risk individuals led by a criminal justice system, with psychiatry in a secondary, supporting role.” (3) The provision of advice regarding risk would be central to this role. Such a criminal justice led strategy for dealing with this high risk group would allow the development of mental health legislation less dominated by public protection considerations. References (1) Darjee R and Crichton J. New mental health legislation. BMJ 2004;329:634-5. (2) The Criminal Justice Act 2003. (3) Coid J and Maden T. Should psychiatrists protect the public? BMJ 2003;326:406-7. Competing interests: None declared