This guidance should be read in conjunction with the CPS public policy statements - 'Supporting Victims and Witnesses who have Mental Health Issues' and 'Supporting Victims and Witnesses who have Learning Disabilities'.This document provides additional detail in certain key areas of the public policy statements to assist prosecutors when they review or prosecute cases involving victims and witnesses with mental health issues or learning disabilities.
sexual offences committed by care workers against people with a mental disorder.
In many other cases, the prosecution will not have to prove as part of their case that a victim or witness has mental health issues and/or a learning disability.
medical or emotional issues or language impairment.
This is a much larger sub-group of the population and the term tends to be used in education circles.
However, having some degree of background information may be useful to ensure that appropriate consideration is given to relevant issues in the case, and to ensure that any support needs of the victim and/or witness are identified at an early stage and addressed.
Some criminal offences require the prosecution to prove that the victim has a 'mental disorder', e.g.
Terminology for mental health can vary across different organisations.
For the purposes of the public policy statement and this Guidance the term 'people with mental health issues' is used. It combines the commonly recognised term 'mental health problems' with the preference of many people with mental ill health to avoid the use of the word 'problem' and substituting that word with 'issue/s'.
There are many different causes of learning disability and often it is not possible to say why someone has a learning disability.