JUSTICE FOR ALL Treatment of defendants and detainees with intellectual and/or psychosocial disabilities peutic needs of persons with intellectual and/ or psychosocial disabilities. • Provide sufficient staffing, resources and capacity of inpatient and outpatient medical and mental health care services in order to ensure compliance with international human rights standards for defendants and detainees with intellectual and/or psychosocial disabilities. • Ensure that all health and medical professionals (including psychiatric professionals) obtain the free and informed consent of persons with intellectual and/or psychosocial disabilities, if needed, through supported decision making mechanisms prior to any treatment; ensure there is a possibility to withdraw consent. • Guarantee comprehensive medical assessment upon admission to a custodial facility and ensure that medically relevant information is shared between healthcare providers in the community and in custodial settings on a need-to-know basis to facilitate continuity of care. • Ensure early and adequate treatment, where needed, including in pre-trial detention. Upon admission, where needed, develop a therapy plan jointly with the person concerned and ensure that treatment is available, accessible and can be commenced as soon as possible. • Ensure that detainees with intellectual and/ or psychosocial disabilities are continuously informed of their treatment, medication, condition, etc. in a comprehensible manner and ensure that their understanding is genuine and informed. • Maintain adequate updated and accessible records on any non-consensual treatment to ensure effective remedies and access to justice for the person concerned. Ensure that these cases are also discussed with the person concerned in hindsight to ensure full understanding and transparency. • Define clear legal requirements to offer therapeutic measures to the person concerned, especially of a kind that is not only related to recidivism prevention but also (other) psychosocial needs of the person. • Amend legislation, where appropriate, to bring prison healthcare under the auspices of ministries of health instead of ministries of justice to ensure treatment and conditions of detention are adapted to the specific thera- 2.7. ALTERNATIVES AND PROBATION 2.7.1. PREVENTION AND DIVERSION International standards prescribe that deprivation of liberty should be a measure of last resort (see Section 1.2). Generally, there has been a broad consensus throughout the project, where experts from all types of professional backgrounds were consulted, that a shift towards prevention is necessary. Experts in the consultation workshops have called for strengthening measures that prevent a person with intellectual and/or psychosocial disabilities from going through criminal proceedings, such as community-based services and social support structures. Such measures should be low-threshold, comprehensive and high-coverage services, and should serve persons with intellectual and/ or psychosocial disabilities in the community before and regardless of any criminal offence committed. For example, according to the Bulgarian Ombudsman, in Bulgaria, psychiatric hospitals have patients (e.g. homeless persons) who live there permanently due to a lack of sufficient residential social services for people with intellectual and/or psychosocial disabilities.267 When persons with intellectual and/or psychosocial disabilities are the subject of criminal proceedings, the judiciary should consider options that would either dismiss the charges completely or not bring any charges to begin with, in favour of diversion measures. For example, in Germany, the prosecutor has the discretion to pursue diversion without further reaction, meaning the prosecution 73