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Written question asked by Baroness Berger (Labour) on Wednesday, 24 February 2016, in the House of Commons. It was due for an answer on Friday, 26 February 2016. It was answered by Robert Buckland (Conservative) on Wednesday, 2 March 2016 on behalf of the Attorney General.


Harassment: Prosecutions

Question

To ask the Attorney General, what account the CPS takes of mental health conditions when deciding whether to prosecute people under the Protection from Harassment Act 1997.

Answer

The Crown Prosecution Service is committed to taking into account the mental health condition of an offender when considering bringing a prosecution. Each case is considered on its merits, taking into account all available information about any mental health issues, and their relevance to the offence, in accordance with the principles set out in the Code for Crown Prosecutors (the Code).

The Code explains that there is a balance to be struck between the public interest in diverting a defendant with significant mental illness from the criminal justice system and other public interest factors in favour of prosecution, including the need to safeguard the public.


Secondary information

Type
Written question
Reference
28427
Session
2015-16
Subjects
Harassment Mental illness Prosecutions
Legislation
Protection from Harassment Act 1997
Link
View this Written question on www.parliament.uk