Criminal Justice

Many people who know someone with mental illness may fear that at some time in their life their loved one will be involved with the police, the courts or at worst prison.

In this section we give an overview of the criminal justice system and what may happen at each stage of the system.

We look at how mental health can be considered and how outcomes could be different for someone with mental illness going through the criminal justice system.

We also look at what carers, friends and relatives can do to help the person with mental illness going through the system and sources of support during this difficult time.

Mental Health and the Criminal Justice System

It is well documented that there is a high rate of mental illness within our prison system. Government policy is to promote the ‘diversion’ of ‘mentally disordered suspects’ or offenders away from the criminal justice system to health or social services at the earliest opportunity. Currently there is no national policy to make sure this happens.

Mental health can be considered at any stage of the criminal justice system. 

Where can I get further information?

The Rethink Advice & Information Service have produced a series of factsheets relating to mental illness and the criminal justice system.

They cover each stage of the criminal justice system from what happens to the police station to preparing for release from prison. They also cover topics such as diversion from the criminal justice system, forensic sections and complaints. The factsheets are useful for people with mental illness going through the system, their carers, relatives and friends.

There are factsheets on:

These factsheets can also be found on our Mental Health Shop website.

Our advice

Got a question? Need advice? We can provide mental health advice and information on practical issues - contact our Rethink Advice & Information Service.