Overarching Principles: Sentencing offenders with Mental Health Conditions or Disorders Consultation

Page 1 of 15

Closes 9 Jul 2019

Age Applicability

The Council proposes that the guideline will only apply to offenders aged 18 and over, and not for offenders under 18. This is because mental health and related issues can be substantially different in both diagnosis and impact for children and young people, so it would be difficult to adequately accommodate all the considerations for all ages within one guideline. It is proposed that instead courts should refer to the Overarching Principles: Sentencing Children and Young People guideline for sentencing offenders under 18 who have a mental health condition/disorder. That guideline outlines the principle that courts must have regard to any mental health problems or learning difficulties/disabilities, or brain injury, and that the approach to sentencing must be individualistic. Sections 1.11 to 1.14 are particularly relevant, a link to this guideline is below:

https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/sentencing-children-and-young-people/

1. Do you agree with the proposal that the draft guideline only applies to offenders aged over 18? If not, please tell us why.