Addressing mental health in the criminal justice system

TBYMUK
Oct 1
4 min read

Written by Samah H | Research Volunteer | TBYM

England and Wales are known to have the highest imprisonment rate in West Europe, with a rise by 80% in the last 30 years (Prison Reform Trust, 2023). Those who are in custody are more likely to suffer mental health problems compared to the general population (Nacro, 2024). This raises concerns on if the criminal justice system is effective in addressing mental health concerns of a growing prison population. There are many offenders who struggle with mental health issues whilst in prison. Statistics show that 9 in 10 people have at least one mental health or substance misuse problem. Around 40% of those with mental health problems have substance use problems (Durcan, 2023). Furthermore, the 2023 survey of prison mental health services measured three-quarters of prisons and youth institutions in England and found an equivalent to one in seven prisoners receiving the mental health support they need. This same report mentioned that most prisons do not employ professionals with mental health expertise to carry out screening at reception, meaning people’s mental health concerns may be missed when they arrive at prison (Durcan, 2023; Nacro, 2024). With poor mental health being common in prisons, it is important to understand that this may be the reason why people commit crime, hence prison may be an opportunity for offenders by getting them the help they need. Unfortunately, many do not, which often worsens their mental health.

Research suggests that prison sentences do not reduce reoffending rates, which highlights how best prisoners can re-integrate into society (Ministry of Justice, 2013). Prison sentences have been found to be less effective than community sentences at reducing reoffending, as research has found it to be more suited for those who have a large number of offences and mental health problems, however their use has declined greatly over the years (Hillier & Mews, 2018).

Despite the potential for rehabilitation, several barriers hinder the effectiveness of mental health support in prisons, including long waiting lists (Nacro, 2024) meaning many are having to wait or not receive the support they need at all. Also, issues with medication meaning prisoners are not able to receive the care to help support their mental health needs. Prisoners are also locked in cells for lengthy amounts of time with a lack of meaningful activities, all contributing more to declining mental health. Research suggests that less than ⅓ of prisoners said it was easy to see a mental health worker (HM Inspectorate of Prisons, 2022), highlighting the lack of access to mental health support. Some more issues involve long delays in psychiatric reports for court and slow transferring of unwell prisoners to secure mental health hospital beds for treatment. (CJJI, 2021) These all suggest that the criminal justice system is severely overwhelmed and as a result often leads to poor services, including mental health support for offenders, which in turn affects reoffending rates.

Victim Mental Health Support from Criminal Justice System

In terms of victim mental health support, the effectiveness is mixed. Some research suggests that the criminal justice system may be “broken for them”, with one reporting that 83% of victims do not recall being referred to victim support services at all (Why me, 2024).

Although the criminal justice system understands the importance of victim needs, due to competing demands and intense workloads, they fall short to invest the time and attention needed at every stage of a case (HMICFRS, 2023). This report may suggest that the practicality of mental health support seems to fall short.

The Victim’s Code sets minimum service standards for victim support, aiming to improve quality and accessibility. However, some argue that these guidelines sometimes led to wanting to complete the process rather than maximising the quality of the service provided. This may mean that mental health support for victims were seen more as tasks to tick off a list, rather than considering the victim themself (HMICFRS, 2023). Reports by Mind ( Pettitt & Greenhead, n.d.) suggest that victims who have severe mental illnesses (SMI) were less satisfied with the criminal justice system and less likely to report unfair treatment compared to the general population. This differentiation highlights the lack of mental health support for those who need it the most. Various interviews suggested mixed experiences with the criminal justice system, with many officers responding with empathy when made aware the victim of crime had a mental health issue. Participants valued being signposted to other services for additional support. However, they also mentioned lack of communication about the progress of their cases and being provided with wrong information, often leading to anxiety and frustration. Victims with severe mental illnesses were more likely to receive help than those in the general population, but none received crime prevention advice compared to 35% of the general population. Almost half of severe mental illness victims mentioned wanting further help but their greatest unmet needs were practical help, talking help and help with accessing the criminal justice system. While fewer victims had contact with victim support, most were satisfied with the help they received (Pettitt & Greenhead, n.d.) . While mental health support in the criminal justice system has demonstrated potential, inadequate resources and inconsistent implementation limit its effectiveness. Addressing these gaps through increased funding, improved screening processes, and expanded community sentencing could enhance outcomes for both offenders and victims.