Lord Bradley’s review of people with mental health or learning disabilities in the criminal justice system in England: All not equal in the eyes of the law?

In December 2007, Lord Bradley was asked by the Government, in a six-month period, to review court liaison and diversion schemes for mentally ill people. A year and a half later, and having extended the brief to encompass the entire criminal justice system, Lord Bradley has reported. The Government has now responded to Bradleys’ findings (Ministry of Justice, 2009) so it is timely to comment on the review particularly in relation to prisons in England. The English prison population is almost at its highest ever level and currently stands at around 82,000 people - according to the Prison Service’s standard of certified normal accommodation, the prison population is now 8000 more than it should be. As HM Chief Inspector of Prisons, Anne Owers, has noted ‘activity and support from staff . . . were the two things thought to be most helpful by prisoners with mental health and emotional problems, in over-crowded and under-resourced prisons these essential elements of care are at a premium’ (HM Inspectorate of Prisons, 2007).