Additional Information
Book Details
Abstract
The Criminal Justice System is becoming a de facto provider of mental health care, according to a series of recent prison inspections and reports on policing and mental illness which have highlighted the crisis in mental health services. However, the pressures on prisons and other areas of the CJS mean that the needs of those with mental health problems are often overlooked.
This book examines the experiences of people with mental health problems across all stages of the CJS and across all the points of contact – police, Courts and prisons between the CJS and people with mental health problems. Providing a clearly written, comprehensive introduction to the main themes in this field, it also has a clear critical edge highlighting the failings in the areas of penal and social policy that have resulted in increasing numbers of people with mental health problems being criminalised.
Highlighting a very important social issue, Mental Health and the Criminal Justice System provides a thorough introduction to this subject for social work students and practitioners.
Ian Cummins is senior lecturer in social work at the University of Salford. His main research revolves around the experiences of people with mental health problems in the Criminal Justice system with a focus on policing and mental illness. This is linked to an exploration of the development of the penal state and its interaction with community based mental health services. He is interested in the ways the CJS has become, in many incidences, the default provider of mental health care
I particularly enjoyed the refreshing, challenging and energized style of writing, which engaged the reader in key themes related to mental health.
Kay Wall, University of Worcester
The book clearly raises current and past issues around mental health care provision, CJF and social care amongst people with mental illness.This format works well to create awareness for professional responsibility and accountability in practice, but also critically raises the debate around policy-practice gap relating to mental health provision of mentally ill offenders and wider systemic challenges faced by frontline staff.
Herbert Mwebe, Middlesex University
I find it a very accessible and important contribution to the literature.
Margarete Parrish, Bournemouth University
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | Cover 1 | ||
| Title page | i | ||
| Copyright information | ii | ||
| Dedication | iii | ||
| Table of contents | v | ||
| Lists of Tables and Figures | vi | ||
| Meet the Author | vii | ||
| Acknowledgements | viii | ||
| Foreword | ix | ||
| Introduction | 1 | ||
| Critical questions | 1 | ||
| Background to my research | 1 | ||
| Researching the CJS – working with the police | 2 | ||
| Appreciative inquiry as an approach | 3 | ||
| Bourdieu’s bureaucratic field and habitus | 5 | ||
| The socio-legal and political context | 5 | ||
| Neo-liberalism | 5 | ||
| The penal state | 6 | ||
| Incarceration across the world | 7 | ||
| American exceptionalism | 7 | ||
| Comparing penal regimes | 8 | ||
| Social work, Advanced Marginality and the CJS | 10 | ||
| Governing through crime | 10 | ||
| The wider role of social work | 11 | ||
| Social work and poverty | 11 | ||
| Why social work should play a wider role in the CJS | 12 | ||
| The Professional Capabilities Framework (PCF) | 13 | ||
| Mental health social work | 17 | ||
| Taking it further | 17 | ||
| 1 Key Decision Points | 19 | ||
| Critical questions | 19 | ||
| Who are ‘mentally disordered offenders’? | 19 | ||
| Key decision points of the CJS | 20 | ||
| Current key issues | 24 | ||
| The impact of austerity | 24 | ||
| The role of the police | 25 | ||
| The experiences of marginalised groups in the CJS | 25 | ||
| The state of prisons in England and Wales in 2015 | 25 | ||
| Rediscovering dignity: a social work perspective | 26 | ||
| Taking it further | 27 | ||
| 2 A Short History of Community Care | 28 | ||
| Critical questions | 28 | ||
| Penrose and the relationship between prisons and psychiatric care | 29 | ||
| Development of institutional care for the mentally ill | 29 | ||
| Foucault’s analysis: a brief summary | 29 | ||
| Response to the radical perspective on the rise of asylums | 31 | ||
| Psychiatry responds | 32 | ||
| The crisis in asylums | 33 | ||
| Goffman and total institutions | 34 | ||
| The politics of deinstitutionalisation | 36 | ||
| Community care as a ‘moral panic’ | 37 | ||
| Policy and legislative responses to the failings of community care | 39 | ||
| Conclusion | 40 | ||
| Taking it further | 41 | ||
| 3 Madness and the Criminal Justice System: Ethical Issues | 43 | ||
| Critical questions | 43 | ||
| The nature of the problem | 43 | ||
| Mental illness and the problem of autonomy | 44 | ||
| Nagel’s concept of critical scrutiny | 44 | ||
| Punishment and moral responsibility | 45 | ||
| Sentencing | 46 | ||
| Madness and punishment | 47 | ||
| Foucault: punishment and technologies of power | 47 | ||
| Foucault and the body as a site of punishment | 48 | ||
| Madness and the Courts | 48 | ||
| Sentencing under the Mental Health Act (1983) | 49 | ||
| Mental health treatment requirement – community order | 49 | ||
| Section 37 hospital orders | 49 | ||
| Section 41 restriction orders | 49 | ||
| Section 45A hybrid orders | 50 | ||
| A short history of personality disorder | 50 | ||
| Psychopathology | 51 | ||
| The 1904 Royal Commission and the 1957 Percy Commission | 51 | ||
| The 1975 Butler Committee | 52 | ||
| The 1992 Reed Review | 52 | ||
| Reform of the Mental Health Act (2007) | 53 | ||
| Personality disorder and treatment | 53 | ||
| Conclusion | 53 | ||
| Sentenced to psychiatry? | 53 | ||
| Responsibility | 54 | ||
| Taking it further | 54 | ||
| 4 Prison Mental Health and Forensic Services | 56 | ||
| Critical questions | 56 | ||
| Health care in prisons | 56 | ||
| Women and prisons | 57 | ||
| BME women and prisons | 57 | ||
| The Corston Inquiry (2007) | 58 | ||
| Mental health and women in prison | 58 | ||
| Women, self-harm and suicide in prison | 59 | ||
| Campaigning for reform | 60 | ||
| The experience of imprisonment | 60 | ||
| Male prisons | 61 | ||
| Mental health in male prisons | 61 | ||
| Suicide in male prisons | 62 | ||
| Older prisoners | 63 | ||
| Forensic mental health services | 64 | ||
| Admission to forensic services and length of stay | 65 | ||
| Forensic mental health social work | 69 | ||
| Social work in secure settings | 69 | ||
| Social supervision | 69 | ||
| Multi-agency public protection arrangements | 70 | ||
| Which offenders are subject to MAPPA? | 70 | ||
| MAPPA and levels of risk | 71 | ||
| Taking it further | 71 | ||
| 5 Policing and Mental Illness | 73 | ||
| Critical questions | 73 | ||
| Community care and policing | 73 | ||
| ‘Cop culture’ | 74 | ||
| Mental health work as ‘core police business’ | 74 | ||
| Mental health issues in the custody setting | 76 | ||
| PACE and the role of the custody sergeant | 76 | ||
| The Confait case and the 1981 Royal Commission | 76 | ||
| Vulnerable groups in custody | 77 | ||
| PACE safeguards | 77 | ||
| The role of the appropriate adult under PACE (2004) | 77 | ||
| Acting as an appropriate adult | 78 | ||
| How effective is the appropriate adult role? | 79 | ||
| Some legal questions to consider | 80 | ||
| Discussion | 81 | ||
| Section 136 MHA | 84 | ||
| Background | 84 | ||
| The use of section 136 MHA | 84 | ||
| Use of police cells as a place of safety | 85 | ||
| Service user perspectives | 85 | ||
| MS v UK | 86 | ||
| Outcomes | 86 | ||
| Mental health emergencies, triage and models of policing | 87 | ||
| Triage | 87 | ||
| Models of police triage | 87 | ||
| Crisis Intervention Team (CIT) | 87 | ||
| Joint police and mental health teams | 88 | ||
| Phone triage | 88 | ||
| Conclusion | 88 | ||
| Taking it further | 90 | ||
| 6 The Way Forward: Rediscovering Dignity | 92 | ||
| Critical questions | 92 | ||
| Where are we now? | 92 | ||
| The expansion of the penal state | 93 | ||
| Advise, assist, befriend – and risk manage? | 93 | ||
| Stuart Hall and the notion of conjuncture | 94 | ||
| The potential for reform: the economic case | 94 | ||
| The Care Act (2014) | 95 | ||
| Provisions of the Care Act | 95 | ||
| The potential for reform: changing social and cultural attitudes | 96 | ||
| The potential for reform: changing prison conditions | 96 | ||
| Learning lessons from the USA: Brown v Plata | 96 | ||
| Conclusion | 98 | ||
| Taking it further | 98 | ||
| Bibliography | 100 | ||
| Index | 112 |