Mentally disordered offenders: Sentencing policy under the Crime (Sentences) Act 1997

Abstract

This article focuses on the provisions of Home Office circulars 52/1997 and 54/1997. Both circulars were published in conjunction with the Crime (Sentences) Act 1997 last year and aim to provide guidance and assistance to the relevant professionals as to the implementation of the provisions, which have been introduced by the Act. Principally, the Act introduced new and controversial mandatory custodial sentences and a specific new disposal power in relation to mentally disordered offenders. This article outlines the main provisions of both circulars and attempts to assess the likely impact and utility of the guidance that has been provided. In particular, attention is focused upon the provisions in relation to the new custodial sentences and specific emphasis is placed upon their likely impact in relation to the disposal of mentally disordered offenders. It is submitted that the guidance contained in the circulars adds very little to the interpretation of the provisions in the Act. Consequently, it is maintained that, in the absence of detailed and specific guidance, much emphasis will be placed upon the medical profession to assist the court in determining the appropriate disposal in relation to mentally disordered offenders.

Key Words:

• Crime (Sentences) Act 1997
• Home Office circulars 52/1997 and 54/1997
• mandatory and minimum sentences
• mentally disordered offenders
• hospital direction
• sentencing policy