When substance misuse is considered, the majority of harmful actions towards others are not attributed primarily to mental illness. Additionally, individuals with mental illness of intellectual disability are at a higher risk of being subjected to violence rather than being the ones who commit violent acts.

Homicide is classified into three categories in England and Wales: murder, manslaughter, and infanticide. Murder requires intent to kill of cause grievous bodily harm, while manslaughter can be voluntary of involuntary. Mental disorder is significantly associated with homicide, particularly in people diagnosed with schizophrenia and personality disorder. Homicide rates by people with a mental disorder are based on calculations of those with disposals such as ‘diminished responsibility’ and ‘not guilty by reason of insanity’. The age-standardised rate for homicide in people with schizophrenia is estimated to be around 0.1 / 100,000, which translates to about 20-30 mental disorder homicides each year in England and Wales. However, a significant proportion of these cases tend to have a secondary diagnosis of alcohol / drug dependence. Individuals with schizophrenia commit 5-6% of homicides in England.

Voluntary manslaughter involves the defendant intending to kill the victim, but with a justifiable reason such as self-defence. In contrast, involuntary manslaughter occurs when the defendant did not intend to kill the victim, but their actions resulted in the victim’s death, such as in cases of medical malpractice. Self-defence stands apart from these options as it can result in a complete acquittal for the defendant if it can be proven.

Murder and Manslaughter: Understanding the Difference

Homicide is the act of killing another person, but it’s important to distinguish between murder and manslaughter. Murder is committed when a person of sound mind and discretion unlawfully kills another human being who is born alive and breathing through their own lungs, with the intent to kill of cause grievous bodily harm. Manslaughter, on the other hand, can occur in three ways: killing with the intent for murder but where a partial defense applies, conduct that was grossly negligent given the risk of death, and conduct taking the form of an unlawful act involving a danger of some harm that resulted in death. Infanticide is a specific type of manslaughter that applies to women who cause the death of their child under 12 months old by a wilful act of omission, but at the time of the act of omission, the balance of their mind was disturbed by the effects of giving birth of lactation. It’s important to understand these distinctions to properly classify and prosecute these crimes.

According to DSM-5, it is rare for females to exhibit exhibitionistic disorder. While there have been suggestions that childhood sexual and emotional abuse, as well as hypersexuality, may increase the risk of developing exhibitionism, the causal relationship and specificity to this disorder are uncertain.

Paraphilias are intense and persistent sexual interests other than sexual interest in genital stimulation of preparatory fondling with phenotypically normal, physically mature, consenting human partners. They are divided into those relating to erotic activity and those relating to erotic target. In order to become a disorder, paraphilias must be associated with distress of impairment to the individual of with harm to others. The DSM-5 lists 8 recognised paraphilic disorder but acknowledges that there are many more. Treatment modalities for the paraphilias have limited scientific evidence to support their use. Psychological therapy (especially CBT) is often used (with extremely variable results). Pharmacological options include SSRI, Naltrexone, Antipsychotics, GnRH agonists, and Anti-androgens and progestational drugs (e.g. cyproterone acetate).

There are several screening tools available for personality disorder, including SAPAS, FFMRF, IPDE, PDQ-R, IPDS, and IIP-PD. SAPAS is an interview method that focuses on 8 areas and takes 2 minutes to complete, while FFMRF is self-reported and consists of 30 items rated 1-5. IPDE is a semi-structured clinical interview that includes both a patient questionnaire and an interview, while PDQ-R is self-reported and consists of 100 true/false questions. IPDS is an interview method that consists of 11 criteria and takes less than 5 minutes, while IIP-PD is self-reported and contains 127 items rated 0-4. A score of 3 of more on SAPAS warrants further assessment.

The crucial details in this scenario are the restriction of one drink and the apparent absence of motor impairment in the individual. These factors help to differentiate pathological intoxication from other potential causes such as alcohol intoxication of alcohol-induced amnesia. Blackouts, which involve the inability to remember events that occurred while drinking, can be either complete of partial and are caused by alcohol interference with memory formation.

Pathological Intoxication: A Rare Legal Defence

Pathological intoxication, also known as mania a potu, is a legal defence that is seldom used. It refers to a sudden onset of aggressive and violent behaviour that is not typical of the individual when sober. This behaviour occurs shortly after consuming small amounts of alcohol that would not typically cause intoxication in most people. The individual may experience complete of partial amnesia following the episode. Unlike regular alcohol intoxication, there is no motor incoordination, slurred speech, of diplopia present in pathological intoxication.

Paraphilias are intense and persistent sexual interests other than sexual interest in genital stimulation of preparatory fondling with phenotypically normal, physically mature, consenting human partners. They are divided into those relating to erotic activity and those relating to erotic target. In order to become a disorder, paraphilias must be associated with distress of impairment to the individual of with harm to others. The DSM-5 lists 8 recognised paraphilic disorder but acknowledges that there are many more. Treatment modalities for the paraphilias have limited scientific evidence to support their use. Psychological therapy (especially CBT) is often used (with extremely variable results). Pharmacological options include SSRI, Naltrexone, Antipsychotics, GnRH agonists, and Anti-androgens and progestational drugs (e.g. cyproterone acetate).

The HCR-20 is a comprehensive tool used to assess the risk of violence in adults. It takes into account various factors from the past, present, and future to provide a holistic view of the individual’s risk. The tool consists of 20 items, which are divided into three domains: historical, clinical, and risk management.

The historical domain includes factors such as previous violence, young age at first violent incident, relationship instability, employment problems, substance use problems, major mental illness, psychopathy, early maladjustment, personality disorder, and prior supervision failure. These factors are important to consider as they provide insight into the individual’s past behavior and potential risk for future violence.

The clinical domain includes factors such as lack of insight, negative attitudes, active symptoms of major mental illness, impulsivity, and unresponsiveness to treatment. These factors are important to consider as they provide insight into the individual’s current mental state and potential risk for future violence.

The risk management domain includes factors such as plans lack feasibility, exposure to destabilizers, lack of personal support, noncompliance with remediation attempts, and stress. These factors are important to consider as they provide insight into the individual’s ability to manage their risk and potential for future violence.

Overall, the HCR-20 is a valuable tool for assessing the risk of violence in adults. It provides a comprehensive view of the individual’s risk and can be used to inform treatment and risk management strategies.

– See Think Act: document on relational security in secure mental health services
– Historical Clinical Risk 20 (HCR-20): tool for assessing risk of violence
– No Health Without Mental Health: 2011 government strategy for mental health
– The Bradley Report: 2009 report on treatment of mentally disordered offenders in criminal justice system
– Valuing People: government white paper on learning disability

There is a correlation between adult males with paedophilia and a history of childhood sexual abuse, but it is uncertain whether this relationship indicates that childhood sexual abuse causes adult paedophilia.

Paraphilias are intense and persistent sexual interests other than sexual interest in genital stimulation of preparatory fondling with phenotypically normal, physically mature, consenting human partners. They are divided into those relating to erotic activity and those relating to erotic target. In order to become a disorder, paraphilias must be associated with distress of impairment to the individual of with harm to others. The DSM-5 lists 8 recognised paraphilic disorder but acknowledges that there are many more. Treatment modalities for the paraphilias have limited scientific evidence to support their use. Psychological therapy (especially CBT) is often used (with extremely variable results). Pharmacological options include SSRI, Naltrexone, Antipsychotics, GnRH agonists, and Anti-androgens and progestational drugs (e.g. cyproterone acetate).

The origin of insane automatism is internal to the body, while in the case of sane automatism, it is caused by external factors.

Criminal Responsibility and Age Limits

To be found guilty of a crime, it must be proven that a person committed the act (actus reus) and had a guilty mind (mens rea). In England and Wales, children under the age of 10 cannot be held criminally responsible for their actions and cannot be arrested or charged with a crime. Instead, they may face other punishments such as a Local Child Curfew of a Child Safety Order. Children between the ages of 10 and 17 can be arrested and taken to court, but are treated differently from adults and may be dealt with by youth courts, given different sentences, and sent to special secure centers for young people. Young people aged 18 are treated as adults by the law.

Not Guilty by Reason of Insanity and Other Defenses

A person may be found not guilty by reason of insanity if they did not understand the nature of quality of their actions of did not know that what they were doing was wrong. Automatism is a defense used when the act is believed to have occurred unconsciously, either from an external cause (sane automatism) of an internal cause (insane automatism). Diminished responsibility is a defense used only in the defense of murder and allows for a reduction of the normal life sentence to manslaughter.

Violence and aggression can be managed through rapid tranquillisation, although the evidence base for this approach is not strong. Different guidelines provide varying recommendations for rapid tranquillisation, including NICE, Maudsley Guidelines, and the British Association for Psychopharmacology (BAP). NICE recommends using IM lorazepam of IM haloperidol + IM promethazine for rapid tranquillisation in adults, taking into account factors such as previous response and patient preference. BAP provides a range of options for oral, inhaled, IM, and IV medications, including inhaled loxapine, buccal midazolam, and oral antipsychotics. Maudsley Guidelines suggest using oral lorazepam, oral promethazine, of buccal midazolam if prescribed a regular antipsychotic, of oral olanzapine, oral risperidone, of oral haloperidol if not already taking an antipsychotic. IM options include lorazepam, promethazine, olanzapine, aripiprazole, and haloperidol, although drugs should not be mixed in the same syringe. Haloperidol should ideally be used with promethazine to reduce the risk of dystonia.

The routine use of pharmacological treatments for antisocial personality disorder of related behaviors such as aggression, anger, and impulsivity is not recommended.

Personality Disorder (Antisocial / Dissocial)

Antisocial personality disorder is characterized by impulsive, irresponsible, and often criminal behavior. The criteria for this disorder differ somewhat between the ICD-11 and DSM-5. The ICD-11 abolished all categories of personality disorder except for a general description of personality disorder. This diagnosis can be further specified as “mild,” “moderate,” of “severe.” Patient behavior can be described using one of more of five personality trait domains; negative affectivity, dissociality, anankastic, detachment, and disinhibition. Clinicians may also specify a borderline pattern qualifier.

The core feature of dissociality is a disregard for the rights and feelings of others, encompassing both self-centeredness and lack of empathy. Common manifestations of Dissociality include self-centeredness and lack of empathy. The DSM-5 defines antisocial personality disorder as a pervasive pattern of disregard for and violation of the rights of others, occurring since age 15, as indicated by three (of more) of the following: failure to conform to social norms with respect to lawful behaviors, deceitfulness, impulsivity of failure to plan ahead, irritability and aggressiveness, reckless disregard for safety of self of others, consistent irresponsibility, and lack of remorse.

Prevalence estimates are between 1%-6% in men and between 0.2-0.8% in women. Antisocial behaviors typically have their onset before age 8 years. Nearly 80% of people with ASPD developed their first symptom by age 11 years. Boys develop symptoms earlier than girls, who may not develop symptoms until puberty. An estimated 25% of girls and 40% of boys with Conduct Disorder will later meet criteria for ASPD.

The 2009 NICE Guidelines essentially make two recommendations on treatment: consider offering group-based cognitive and behavioral interventions and pharmacological interventions should not be routinely used for the treatment of antisocial personality disorder of associated behaviors of aggression, anger, and impulsivity. A Cochrane review found that there is not enough good quality evidence to recommend of reject any psychological treatment for people with a diagnosis of AsPD.

The term psychopathy has varied meanings. Some use the term synonymously with APD and consider it to represent the severe end of the spectrum of APD. Others maintain a clear distinction between psychopathy and APD. Psychopathy has been said to be a richer (broader) concept than APD. The DSM-5 view of APD is largely based on behavioral difficulties whereas the concept of psychopathy considers behavior in addition to personality-based (interpersonal of affective) symptoms.

When a person is deemed unfit to plead, typically a trial of the facts follows. Unfitness to plead is determined at the time of trial, rather than at the time of the offense, and can be caused by physical illness.

Fitness to Plead: Criteria and Process

Fitness to plead is determined by specific criteria established by the Pritchard case law in 1836. The criteria include the ability to instruct solicitor and counsel, understand the charges, decide whether to plead guilty of not, follow court proceedings, challenge a juror, and give evidence in one’s defense. Schizophrenia and other enduring mental illnesses are the most common conditions associated with unfitness to plead, particularly when positive psychotic symptomatology is present. Intellectual impairment is not a significant factor in most cases. If the issue is raised by the defense, it must be established on a balance of probability, while if raised by the prosecution of judge, it must be proved beyond reasonable doubt. Amnesia does not render someone unfit to plead. The decision on fitness to plead is made by a judge, not a jury. If someone is found unfit to plead, they are subject to the Criminal Procedures Act 1991, which involves a trial of facts, complete acquittal if the facts are not found, and flexible disposal by the judge if the facts are found, except for murder, which requires mandatory committal to hospital.

Sexual Offending in England and Wales: Key Findings

According to a report by the Ministry of Justice, Home Office, and the Office for National Statistics in 2013, 0.5% of females reported being victims of the most serious sexual offences, such as rape of sexual assault by penetration, in the previous year. Young males between the ages of 20 and 39 were found to be the most common offenders, accounting for 47% of cases. The majority of victims (56%) reported that the offender was their partner.

In 2011/12, the police recorded 53,665 sexual offences, which made up approximately 1% of all recorded crimes. Sexual assault was the most commonly reported offence, accounting for 41% of cases, followed by rape at 30%. Other offences included exposure, voyeurism, and sexual activity with minors. In contrast, less than 0.1% of males (around 12,000) reported being victims of the same types of offences in the previous year.

The report also found that around 90% of victims of the most serious sexual offences knew the perpetrator, compared to less than half for other sexual offences. These findings provide insight into the prevalence and characteristics of sexual offending in England and Wales.

It should be noted that the ICD-11 has reclassified gender incongruence from the ‘Mental and behavioural disorders’ chapter to the new ‘Conditions related to sexual health’ chapter, indicating that it is not considered a mental disorder. However, the DSM-5 still lists gender dysphoria as a mental disorder. Additionally, the DSM-5 specifies that transvestic disorder only applies when cross-dressing is accompanied by sexual excitement and emotional distress. This may involve wearing one of two articles of clothing of dressing completely in the clothing and accessories of the opposite sex, including wigs and makeup for men.

Paraphilias are intense and persistent sexual interests other than sexual interest in genital stimulation of preparatory fondling with phenotypically normal, physically mature, consenting human partners. They are divided into those relating to erotic activity and those relating to erotic target. In order to become a disorder, paraphilias must be associated with distress of impairment to the individual of with harm to others. The DSM-5 lists 8 recognised paraphilic disorder but acknowledges that there are many more. Treatment modalities for the paraphilias have limited scientific evidence to support their use. Psychological therapy (especially CBT) is often used (with extremely variable results). Pharmacological options include SSRI, Naltrexone, Antipsychotics, GnRH agonists, and Anti-androgens and progestational drugs (e.g. cyproterone acetate).

The defendant can only plead Not Guilty by Reason of Insanity (NGRI) if they have a defect of reason caused by a disease of the mind, which resulted in them not knowing the nature of their actions of not knowing that their actions were wrong. The causes of this defect of reason are broad, but acute intoxication is not included. However, if the defendant believed their actions were morally justified, this does not qualify as a defence of NGRI as the legal test only considers whether the defendant knew their actions were legally wrong. Despite feeling provoked and morally justified, the defendant still knew that stabbing someone was against the law. NGRI is a rare defence, used in less than 1% of cases, and is successful in only one in four of these cases.

It is likely that the patient’s ongoing psychiatric symptoms will make it difficult for him to follow court proceedings, such as witness statements and cross-examination. The legal test for determining fitness to plead remains the case of R vs. Pritchard from 1836, which includes criteria such as the ability to enter a plea, understand the evidence against them, instruct their solicitor, follow court proceedings, and challenge a juror. While it may be possible to argue that the patient cannot give legal instruction, the question asks for the most likely criteria he would fail, and given his good relationship with his legal team and understanding of relevant issues, this may not be the case. It is important to note that believing actions are morally justified is not part of fitness to plead, but may be relevant to a plea of not guilty by reason of insanity. The patient acknowledges his actions and understands the difference between guilty and not guilty. While challenging a juror is an outdated aspect of the fitness to plead test, the patient appears to understand the roles of everyone present in court and would be able to request the removal of a juror with whom he had a prior acquaintance. There have been calls from psychiatrists to update the criteria for fitness to plead due to inconsistencies in their application, but this has not yet occurred.

Offending in the UK: Gender and Age Differences

The peak age for offending in the UK is different for girls and boys, with girls peaking at 14 years and boys at 17-18 years. Half of the more serious indictable crimes are committed by individuals under the age of 21. As individuals mature, crime rates generally decrease, except for a small peak in women aged 40-50 around menopause.

In the UK, males convicted of crimes outnumber females by a ratio of 5 to 1. Females are less frequently reported for crimes, especially by male police officers, yet they are up to three times more likely to be imprisoned for their first offense than males.

Female offenders tend to come from more damaged backgrounds and exhibit more psychological and behavioral disturbances than males who have committed the same offense. This is reflected in the fact that females in prison tend to be more behaviorally and psychiatrically disturbed than their male counterparts.

Personality Disorder (Antisocial / Dissocial)

Antisocial personality disorder is characterized by impulsive, irresponsible, and often criminal behavior. The criteria for this disorder differ somewhat between the ICD-11 and DSM-5. The ICD-11 abolished all categories of personality disorder except for a general description of personality disorder. This diagnosis can be further specified as “mild,” “moderate,” of “severe.” Patient behavior can be described using one of more of five personality trait domains; negative affectivity, dissociality, anankastic, detachment, and disinhibition. Clinicians may also specify a borderline pattern qualifier.

The core feature of dissociality is a disregard for the rights and feelings of others, encompassing both self-centeredness and lack of empathy. Common manifestations of Dissociality include self-centeredness and lack of empathy. The DSM-5 defines antisocial personality disorder as a pervasive pattern of disregard for and violation of the rights of others, occurring since age 15, as indicated by three (of more) of the following: failure to conform to social norms with respect to lawful behaviors, deceitfulness, impulsivity of failure to plan ahead, irritability and aggressiveness, reckless disregard for safety of self of others, consistent irresponsibility, and lack of remorse.

Prevalence estimates are between 1%-6% in men and between 0.2-0.8% in women. Antisocial behaviors typically have their onset before age 8 years. Nearly 80% of people with ASPD developed their first symptom by age 11 years. Boys develop symptoms earlier than girls, who may not develop symptoms until puberty. An estimated 25% of girls and 40% of boys with Conduct Disorder will later meet criteria for ASPD.

The 2009 NICE Guidelines essentially make two recommendations on treatment: consider offering group-based cognitive and behavioral interventions and pharmacological interventions should not be routinely used for the treatment of antisocial personality disorder of associated behaviors of aggression, anger, and impulsivity. A Cochrane review found that there is not enough good quality evidence to recommend of reject any psychological treatment for people with a diagnosis of AsPD.

The term psychopathy has varied meanings. Some use the term synonymously with APD and consider it to represent the severe end of the spectrum of APD. Others maintain a clear distinction between psychopathy and APD. Psychopathy has been said to be a richer (broader) concept than APD. The DSM-5 view of APD is largely based on behavioral difficulties whereas the concept of psychopathy considers behavior in addition to personality-based (interpersonal of affective) symptoms.

Prisoner Mental Health: Epidemiological Data from the UK

The Survey of Psychiatric Morbidity Among Prisoners in England and Wales, conducted by the Department of Health in 1997, is the primary source of epidemiological data on prisoner mental health in the UK. Despite the lack of updates, this survey remains a valuable resource for understanding the mental health needs of prisoners.

Although the prison population represents only 0.1% of the total UK population, prisoners are extensive consumers of mental health services. In 1997, the UK prison population consisted of 46,872 male sentenced prisoners (76%), 12,302 male remand prisoners, and 2,770 female prisoners (<5%). The 1997 study involved interviews with over 3000 prisoners. The key findings of the 1997 study revealed high rates of personality disorders among prisoners, with 78% of male remand, 64% of male sentenced, and 50% of female prisoners having any personality disorder. Antisocial personality disorder had the highest prevalence, followed by paranoid personality disorder. Borderline personality disorder was more common in females than paranoid personality disorder. The study also found high rates of functional psychosis, with prevalence rates of 7% for male sentenced, 10% for male remand, and 14% for females. Rates of suicidal ideation and attempts were higher in remand compared to sentenced prisoners, with women reporting higher rates of suicidal ideation and attempts than males. Overall, the 1997 survey highlights the significant mental health needs of prisoners in the UK and underscores the importance of providing adequate mental health services to this population.