By Ailbhe O’Loughlin
The presence of a mental disorder or disability ‘can affect the normal processes of the criminal justice system at several points’ (Hale 2017, p. 5001). This includes at the point of arrest, interrogation, charge, prosecution, trial, conviction, sentencing or disposal, treatment, and release (Peay 2017).
At several points in the system, an individual can be dealt with by means of ‘diversion’ – commonly interpreted as either diversion away from the criminal justice system or diversion away from prison (Bradley 2009, p. 15).
Taken in its broadest sense, therefore, diversion not only includes decisions not to prosecute or proceed with a trial, but also court-ordered mental health disposals after conviction, or even transfer from prison to hospital after a person has begun their sentence (Bradley 2009, p. 16).
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