HL Deb 09 December 1981 vol 425 c1427WA
Lord Renton

asked Her Majesty's Government:

Whether they are aware that not all police officers, court officials, magistrates and judges understand the difference between mental handicap, mental illness, schizophrenia and psychopathic disorder and what steps will be taken to enable each of those categories of people in public service to obtain a proper understanding of those different mental conditions.

Lord Belstead

The Government recognise that those concerned with offenders need a broad understanding of the various forms of mental disorder and believes that this is generally the case. Training for police recruits already emphasises the need to be alert to the possibility of such disorder. The need for special care in questioning someone who appears to be mentally handicapped has been recognised in an administrative direction appended to the Judges' Rules. In accordance with a recommendation from the Royal Commission on Criminal Procedure, the possibility of introducing guidelines which might help police officers to identify the presence of mental handicap is being explored.

The courts have expert medical advice readily available to them. Moreover, they are required to consider reports from two doctors, both of whom must identify the particular form of disorder from which an accused person is suffering, before they can make an order (under Section 60 of the Mental Health Act 1959) that such a person be detained in hospital for medical treatment or received into guardianship. Ways of dealing with mentally-abnormal offenders are included in the syllabus for the training of magistrates; and I shall draw my noble friend's views to the attention of the Judicial Studies Board.