In accordance with s.120 of the Coroners and Justice Act 2009 (CJA 2009), the Sentencing Council issues this definitive guideline. It applies only to offenders aged 18 and older, who are sentenced on or after 1 October 2020, regardless of the date of the offence. This guideline must not be used for offenders under the age of 18, as mental health and related issues can be substantially different in both diagnosis and impact for children and young people. Courts should instead refer to the Sentencing Children and Young People guideline, particularly sections 1.11 to 1.14.
This guideline applies only to the sentencing of convicted offenders and it does not address issues of fitness to plead or disposals for those found unfit to plead.
Section 59(1) of the Sentencing Code provides that: “Every court – (a) must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and (b) must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, unless the court is satisfied that it would be contrary to the interests of justice to do so.”
Courts will note the provisions of s.59(1) of the Sentencing Code which states that nothing within s.60 or 61 of the Code restricts any power, either under the Mental Health Act 1983 (“the MHA”) or otherwise, which enables a court to deal with a mentally disordered offender in the way considered most appropriate.
Furthermore, s.78 of the Sentencing Code contains savings which enable courts to deal appropriately with offenders suffering from a mental disorder.