Lowering legal barriers to transitioning mentally disordered offenders into general mental health care

This chapter considers legal mechanisms for directing that the treatment of a mentally disordered offender should take place under the civil commitment scheme. Mentally disordered offenders should be dealt with in the least restrictive manner and receive timely transfer of their care to general mental health teams. We discuss factors likely to influence the responsible authorities when deciding whether to direct offenders to treatment under the civil scheme. The scope of the powers that would continue to be available over the person’s treatment is a key factor. With insufficient powers, authorities might be reluctant to direct an offender to the civil scheme. Yet, if strong powers were available, that would pose a threat to the rights of ordinary civil patients under that scheme. Some way must therefore be found to finesse the differing interests of offenders and ordinary civil patients in the design of the civil scheme. .