Other relevant legislation and policy to consider in this field includes: Where this is the case, it will be important to understand the combined impact on the behaviour and capabilities of the individual concerned. Multiple complex issues may be involved, for instance, personality disorder or post-traumatic stress disorder, combined with substance misuse. For example, autism is often diagnosed alongside other conditions, such as learning disabilities and/or difficulties. While some mental health conditions or disorders are distinct and easily defined, there are also crossovers and individuals may have a number of related conditions. Mental health conditions or disorders are not always a constant: they may fluctuate, including being different at the time of an alleged offence to the different stages of any prosecution. For this reason, prosecutors should approach each case on its own facts and merits and assess the nature, extent and effect of the condition on an individual, together with the circumstances of the particular offences. The fact that someone has a mental health condition or disorder may be relevant to their status as a victim or witness, but it may not. There is a very wide span of mental health conditions or disorders, and each will impact on individuals in different ways. Outside the ambit of this guidance, prosecutors will more broadly have regard to the mental functioning of victims and witnesses even where this is not reflected in a recognised condition, recognising neurodiversity, the variations in the human brain regarding sociability, learning, attention, mood and other mental functions. The term " mental health conditions or disorders" will therefore be used as a non-stigmatising, non-technical terms, but terminology which focuses those who use this guidance on recognised conditions. This guidance therefore seeks to address a span of conditions which comprise disorders, disabilities, impairments, injuries and diseases, which relate both to the brain and the mind. Other mental health, cognitive or neuro-diverse conditions.įurther information about such conditions can be found at Annex A.A mental disorder, as defined by the Mental Health Act 2007.This guidance identifies the principles relevant to victims and witnesses with mental health conditions or disorders, namely: Victim Communication and Liaison (VCL) scheme.
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