ABSTRACT
Writing this chapter has proved problematic. This is because, as I write, we are in the midst of a number of legal and administrative changes being put forward by the present government. In the first place there are major changes proposed concerning the way in which members of the judiciary are appointed, substantial modifications to the office of Lord Chancellor and the replacement of the judicial functions of the House of Lords (The Independent, 15 July 2003). Other proposed changes include a major revision and codification of the law relating to sex offences (see Chapter 6) and a fundamental revision of mental health legislation. As the timescale for all of these changes is at best very uncertain, I propose to describe current methods of dealing with mentally disordered offenders and to summarize the proposed changes as they specifically affect them. Should these changes receive the force of law through Royal Assent before this book is published, I will add an appendix or postscript summarizing them. The aim of this chapter is to provide an outline account of the main methods for dealing with mentally disordered (disturbed) offenders. First of all, I present a short historical background against which current management practices may be viewed. Then follows an account of the methods by which the mentally disturbed and disordered may be diverted from the criminal justice system. Next, we have an outline of the main mental healthcare and penal disposals available to the courts, including brief descriptions of the facilities available. And, finally, I summarize some of the government's proposals for legal and administrative changes.
