| answer text |
<p>All decisions to prosecute made by the Crown Prosecution Service must meet the
Full Code Test set out in the Code for Crown Prosecutors. The Code makes it clear
that there is a balance to be struck between the public interest in diverting a defendant
with significant mental illness such as dementia from the criminal justice system
and other public interest factors in favour of prosecution, including the need to
safeguard the public.</p><p>The eighth edition of the Code for Crown Prosecutors was
published in October 2018. Prosecutors are asked to “have regard to whether the suspect
is, or was at the time of the offence, affected by any significant mental or physical
ill health or disability, as in some circumstances this may mean that it is less likely
that a prosecution is required. However, prosecutors will also need to consider how
serious the offence was, whether the suspect is likely to re-offend and the need to
safeguard the public or those providing care to such persons.”</p><p>The existing
CPS legal guidance on prosecuting ‘Mentally Disordered Offenders’ is currently being
revised to include specific guidance on prosecuting cases where the suspect suffers
from a condition such as dementia. This will be published for public consultation
in 2019.</p>
|
|
