A consultation on the CPS Policy on prosecuting criminal cases involving people with mental health problems and/or learning disabilities as victims and witnesses
The consultation process
The aim of this consultation paper is to seek a wide range of views to inform the policy and practice of the Crown Prosecution Service (CPS) in dealing with cases involving victims and witnesses with mental health problems and/or learning disabilities.
The CPS has responsibility for reviewing cases involving victims and witnesses with mental health problems and/or learning disabilities and applying the Code for Crown Prosecutors to decide whether or not there should be a prosecution. To assist prosecutors making that decision we intend to publish a policy statement by consulting publicly and internally on the issues raised in this document. We welcome views from everyone with an interest in the topic. This document will be widely circulated.
The research paper
Research into CPS decision-making in cases involving victims and key witnesses with mental health problems and/or learning disabilities by Vanessa Lee and Corrine Charles of the Crown Prosecution Service Policy Directorate Research Team.
The research paper is available to download/save in Adobe Acrobat PDF
The consultation paper
The consultation paper is available online in this section or to download/save in Adobe Acrobat PDF
The consultation paper in PDF format
How to respond
We welcome written and electronic responses to the consultation, especially, but not exclusively, to the questions set out in the response document, which is available to download below in Word.
Consultation questions response sheet
Please feel free to provide comments on additional sheets of paper if there is not sufficient space.
Please include with your response: your name, organisation (if any), postal address and email address.
Closing date for responses: 1 March 2009
Responses can be sent by post to:
CPS MHLD Policy
Crown Prosecution Service
Policy Directorate
50 Ludgate Hill
London EC4M 7EX
or electronically to: mhandldpolicy.consultation@cps.gsi.gov.uk.
Responses: Confidentiality & disclaimer
The information you send us may be passed to colleagues within the CPS, the Government or related agencies. Furthermore, information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information legislation (these are the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004 (EIR).
If you want the information that you provide to be treated as confidential, please be aware that, under FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could briefly explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not be regarded as binding on the CPS.
Please ensure your response is marked clearly if you wish your response and name to be kept confidential.
Confidential responses will be included in any statistical summary of numbers of comments received and views expressed.
The CPS will process your personal data in accordance with the DPA - in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.
Next steps
A summary of the consultation responses will be published on the CPS website within three weeks of the close of the consultation exercise. The documents will be drawn to the attention of everyone who responds to the consultation.
These responses will inform the CPS public policy statement on prosecuting criminal cases involving people with mental health problems and/or learning disabilities as victims and witnesses.
