The Sentencing Council this week published its guideline on ‘Overarching principles: sentencing offenders with mental disorders, developmental disorders or neurological impairments’. It applies to offenders over the age of 18 years old with disorders or impairments such as acquired brain injury, dementia, autism or learning disability, or conditions such as schizophrenia, depression or post traumatic stress disorder.
It stipulates that judges must take an individualistic approach when deciding whether the impairment or disorder will have any impact on sentencing, and focus on the issues in the case.
The guideline comes into force on 1 October 2020.
Sentencing Council member Judge Rosa Dean said: ‘At a time when courts are seeing increasing numbers of offenders with mental disorders, this guideline will be of real assistance in sentencing in this area where no formal guidance existed previously.’
