Achieving justice for victims and witnesses with mental distress

ForewordAll prosecutors and advocates need to be equipped to handlecases involving victims and witnesses with mental healthissues to achieve equality of access to justice. I am all tooaware that this has been highlighted as a challenging area forthe CPS in the past and I have made clear my determinationto address this. Given that a high proportion of victims ofcrime are people with mental health issues, it is crucialprosecutors feel they have the confidence and skills to takethese cases through the criminal justice process.Mind has been tirelessly campaigning to achieve this aimsince 2007. I have been grateful for their expertise and adviceover the past few years in supporting the CPS to develop anew public policy statement and prosecution guidance oncases involving victims and witnesses with mental healthissues to drive forward improvements in practice.In turn, I have been delighted to support the development ofMind’s mental health toolkit for prosecutors and advocates.The toolkit is an excellent complement to the CPS’sprosecution guidance on mental health, providing practicalinformation, advice, tips and tools to inform decision-makingacross a range of issues. I urge all prosecutors and advocatesto make full use of the toolkit – both as an invaluable trainingresource and a practical companion to aid day-to-day casehandling.Keir Starmer QC, Director of Public Prosecutions,Crown Prosecution ServiceIt is fundamental to the proper administration of justice thatall witnesses be treated fairly by both prosecution anddefence. Yet often when victims and witnesses with mentalhealth problems become involved in court proceedings theyare not granted equal access to justice. All members of theBar, whether prosecuting or defending, need to be aware ofthe support that such witnesses require in order to enablethem to give their evidence fairly and fully. This might includeknowing when and how it is appropriate to use psychiatricinformation as part of their case, and what lines ofquestioning may be irrelevant and discriminatory. It is forthese reasons that I am strongly supporting Mind’s mentalhealth toolkit. I hope that all members of the Bar will welcomethis guidance and find it of real value.Nick Green QC, Chairman of the Bar CouncilMind has established itself as an important stakeholder in thecriminal justice field in recent years, successfully putting thecase for agencies to urgently address the barriers to justicestill faced by victims and witnesses with mental healthproblems. In line with the Law Society Charity’s commitmentto promoting the particular needs of excluded, underrepresentedor disadvantaged groups, as part of our aim tomaintain high standards of legal education in the profession,we were delighted to support the production of a muchneededmental health toolkit for prosecutors and advocates,given Mind’s record and expertise. We are sure the toolkit willbring about improvements for both legal professionals – whowill be equipped with the right skills to handle what can bechallenging cases more easily – and victims and witnesses –who will feel supported rather than marginalised whenaccessing the justice system.Nigel Dodds, Chair of the Law Society Charity5