Section two Focus on detention issues
In England and Wales and Northern Ireland
funding cuts have led to the withdrawal or
reduction of mental health professionals
situated in police custody suites. This leaves
the police (and the forensic mental health
staff who provide general health care to
detainees) vulnerable due to a lack of
specialist support and advice. The pathway
becomes more challenging to manage as
there is a lack of early assessment by trained
staff and a greater likelihood that detainees
will need to be transferred to a mental
health facility for assessment. This potentially
increases the risks to the detainee, who
will be kept in an inappropriate location for
a longer period of time, and to the custody
officer responsible for their safe detention
and care. It may also mean the police have
less time to source a health-based place of
safety before the need to charge or release.
Pathways from prisons to mental health
settings100
The inappropriate detention of people with
mental health problems in prisons and
the prevalence of mental health problems
among prisoners have been a matter of
public concern over many years.101 The
provision of health care in prisons more
generally is a growing concern for NPM
members, and will be prioritised over
the next year by members of the NPM’s
Scottish sub-group. In addition to the need
to provide appropriate physical and mental
health care to all prisoners, individual NPM
members have identified concerns about
the situation of prisoners with serious
mental health issues requiring inpatient
treatment, which requires a pathway from
prisons to secure mental health care.102 The
absence or inaccessibility of such a pathway
can pose significant risks to the ability to
offer appropriate and timely treatment and
prevent further deterioration of mental
health conditions.
A turning point in the understanding of
mental health issues in the criminal justice
system came in 2009 with the publication of
the Bradley Report. As a result of this, there
has been greater focus on developing liaison
and diversion schemes to ensure that people
in need of treatment for mental disorders in
hospital are identified by police and courts
and are not sent to prison. However, despite
the intention to introduce and implement
such schemes, research shows that there has
been a decline of more than 25% in the use
of hospital orders (which allow defendants to
be sent for medical care instead of receiving
a prison sentence) since 2011.103
100. A literature search was undertaken to inform the development of this project. Input was provided by CJINI, HIW, HMIPS,
IMB, IMBNI, MWCS and RQIA.
101. See Department of Health, 2009, The Bradley Report: Lord Bradley’s review of people with mental health problems or
learning disabilities in the criminal justice system.
102. Criminal Justice Inspectorate Northern Ireland, HM Inspectorate of Prisons, Education and Training Inspectorate, Regulation
and Quality Improvement Authority, 2016, Report on an unannounced inspection of Hydebank Wood Secure College
9–19 May 2016; Report on an unannounced inspection of Ash House Women’s Prison, Hydebank Wood 9–19 May 2016;
Report on an unannounced inspection of Maghaberry Prison 11–22 May 2015 (and subsequent follow-up reports).
HM Inspectorate of Prisons, 2017, HM Chief Inspector of Prisons for England and Wales Annual Report 2016–17. HM
Inspectorate of Prisons for Scotland, 2008, Out of Sight: Severe and Enduring Mental Health Problems in Scotland’s Prisons.
103. Yeung, P, 2016, ‘Rise in prisoners moved to mental health hospitals’ in The Guardian, 14 September 2016.
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