ABSTRACT

This chapter analyses police practices such as police apprehension powers and specialised intervention programs as instances of preventive justice. Police apprehension powers and specialised intervention programs can be critiqued as a deprivation of basic human rights, as outlined in the Convention on the Rights of Persons with Disabilities (CRPD), and for creating disadvantage for those exposed to them. These common law jurisdictions have similar histories regarding the movement of 'persons with mental illness' (PMI) from institutions into the community for treatment and care. The chapter considers whether such laws and programs can be beneficial to PMI, such as through facilitating access to treatment and mental health services and reducing contact with the criminal justice system, thus reducing the 'criminalisation' of PMI. In common law jurisdictions such as Australia, Canada, the United Kingdom and the United States, mental illness is a high-profile issue, and the interaction between the police and PMI has gained particular attention.