§ Lord Lucasasks Her Majesty's Government:
What are their best estimates, based on what evidence, of the numbers of people who would fall within Clause 6 (4) of their draft Mental Health Bill (a) in total, (b) who have no criminal conviction for a serious offence, and (c) who fall outside the Mental Health Act 1983 due to the "treatabilty" concept that it embodies; and what their best estimates are, and based on what evidence, of the number of serious crimes committed each year by persons falling within each of the categories (a), (b) and (c) above. [HL5088]
§ Lord Falconer of ThorotonNo individual will be dealt with under the proposed legislation who does not meet all the conditions set out in Clause 6 of the draft Mental Health Bill. It is not a matter of different people being caught under different conditions.
The clause relates to the use of compulsory powers. Subsections (2) to (5) set out the four conditions which must be satisfied in all respects before any power to impose compulsory examination, assessment or treatment can be used. So these conditions and this clause relates to all those who come under compulsory powers, not just mentally disordered offenders or those who are a risk to others.
It is estimated that, in total 26,774 persons per annum could fall within Clause 6 of the draft Bill. The best evidence for this estimate comes from the operation of the Mental Health Act 1983 in relation to the 26,650 formal admissions to hospital recorded in 2000–01. In addition, however, forecasts derived from the Office for National Statistics Psychiatric Morbidity Survey of Prisoners indicate that 124 persons per annum could fall within Clause 6 as a result of being at substantial risk of serious harm to other persons due to a severe personality disorder. The latter group could fall outside the 1983 Act.
Central statistical databases do not hold information on the criminal convictions of all people admitted under the Mental Health Act 1983, other than for restricted patients and persons given unrestricted hospital orders by the courts. This additional information could be collected only at disproportionate cost. It is therefore not possible to estimate the total number of persons subject to Clause 6 of the draft Bill who do not have a criminal conviction for a serious offence. However, it is estimated that, of restricted patients and persons given unrestricted hospital orders admitted to hospital in 5WA 2000 under the 1983 Act, 664 were admitted for non-sexual or non-violent offences.
As indicated above, 124 persons per annum could fall within Clause 6 as a result of being at substantial risk of serious harm to other persons due to a severe personality disorder and could fall outside the 1983 Act.
In relation to the number of serious crimes commited each year it is not possible to determine the number of crimes committed by those falling within the draft. Bill because some crimes are undetected by the authorities. Central statistical databases also do not record the criminal convictions of all persons subject to the 1983 Act. However, of the restricted patients admitted and the number of persons given unrestricted hospital orders by the courts under the 1983 Act, in 2000 a total of 929 had been charged or convicted of a sexual or violent offence (including arson). It is not possible to determine the number of serious crimes committed by those who have no criminal conviction for a serious offence for the
For Gwent Constabulary 1999 2000 2001 2002 Type Shotgun Firearm Shotgun Firearm Shotgun Firearm Shotgun Firearm Grant 101.37 162.35 183.85 216.51 196.97 237.00 59.76 111.25 Renewal 54.84 80.75 131.07 174.52 214.88 229.85 77.47 75.41
For Hampshire Constabulary (figures for 2002 are unavailable) 1999 2000 2001 Type of application Shotgun Firearm Shotgun Firearm Shotgun Firearm Grant 63.98 74.51 115.74 110.22 122.19 106.71 Renewal 7.94 35.72 48.66 53.6 33.96 46.89