Explains what may happen if you are charged with committing a crime, what happens when you to go court, and how your mental health is taken into account.
Being charged with a crime is very serious and sometimes may lead to you being sent to prison. That's why it's very important that you get legal advice from a solicitor so that you understand what is happening and get the best possible outcome for yourself.
A solicitor can help you by:
If you are arrested, or interviewed under caution, you have the right to free advice and representation from a solicitor. (See more about your rights at the police station in our pages on police and mental health.)
To see a solicitor, you can either:
Different solicitors specialise in different areas of law:
If you are charged with a crime, you might get legal aid to help you pay for legal advice and representation.
This test looks at:
Usually you'll only pass this test if the offence you are charged with could lead to a prison sentence.
This test looks at whether you receive any benefits, or if you have a low income. You will automatically pass this test if you receive certain benefits, such as:
Otherwise the court will look at your income.
Anton has bipolar affective disorder. He is arrested and charged with manslaughter. At the police station, Anton asks to speak to the duty solicitor, who attends the interview with him.
Afterwards, Anton contacts a different firm of solicitors that have been recommended to him. The solicitors advise Anton that he will get legal aid throughout the trial because of the seriousness of the charge against him, the fact that his mental health makes it more difficult for him to represent himself, and because he is on Universal Credit.
If you do get legal aid, you may have to pay a contribution based on your finances. If you are eventually found not guilty, the court can order that some or all of these contributions must be repaid to you.
If you don't get legal aid, you will need to represent yourself at court or pay for a solicitor yourself. You can also get a barrister to represent you without a solicitor by a process called 'direct access'. This will often work out much cheaper than paying for both a solicitor and barrister. You can visit the Bar Council Direct Access Portal for more information.
You should be aware that, even if you are found not guilty, you will not get back all the money you have paid for representation.
Going through any legal process involving the courts can bring up difficult emotions, and be stressful for everyone involved. Our pages on managing stress, wellbeing, self-esteem, managing anger, and our general page on self-care could help you think about ways to look after yourself and find support. Our pages on different diagnoses also include guidance on treatment and support to help you manage your mental health problem.
This is a law that applies to England and Wales which allows people to be detained in hospital (sectioned) if they have a mental health disorder and need treatment. You can only be kept in hospital if certain conditions are met.
See our pages on the Mental Health Act for more information.Visit our full listing of Legal Terms
This information was published in July 2018. We will revise it in 2021.
References are available on request. If you would like to reproduce any of this information, see our page on permissions and licensing.