The courts and mental health
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.
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What happens if I plead not guilty?
Pleading not guilty means that you say you didn't do the crime, or that you had a reasonable excuse for doing so. The court will then have a trial to decide whether you did. If the court decides that you did, this means you will be convicted, and the court will decide what sentence to give you.
You may get a longer sentence after conviction at a trial than if you pleaded guilty. This is why it's important to get legal advice from a solicitor before making your plea.
What happens if the Magistrates' Court decides that I'm unfit to plead?
If the magistrates decided that you were unfit to plead, it could give you a hospital order under section 37 (but not 37/41) without having a trial.
What happens if the Crown Court decides that I'm unfit to plead?
If the Crown Court decided that you were unfit to plead, it would do a trial of the facts and decide whether you did the crime. If it decides you didn't do the crime, it will acquit you.
If it decides you did do the crime, the court can:
- give you a hospital order under section 37 or 37/41
- give you a supervision order for up to two years, which means that you will have to get support or treatment
- end the prosecution by giving you an absolute discharge
Here is a flowchart outlining this process:
Trial of the facts
If the court decides that you are unfit to plead, it will have a trial of the facts instead of a full trial. The court's sentencing powers are different if you only have a trial of the facts.
Visit our full listing of Legal TermsAcquit
This means you are free from your criminal charge.
Visit our full listing of Legal TermsAbsolute discharge
This is where you are discharged from hospital without any conditions you have to follow. It is different from a conditional discharge.
Visit our full listing of Legal TermsThis information was published in July 2018.
This page is currently under review. All content was accurate when published.
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