There is no hard and fast rule for the best way of dealing with offenders with mental health problems or a learning disability. Each person should be dealt with on a case-by-case basis, taking account of their individual needs and the safety of the wider community. There are a number of options that can be pursued, and various factors need to be taken into consideration in reaching a decision, including:

• the seriousness of the offence or offences
• the nature and degree of disorder that the person is suffering
• the safety of the public
• the safety of the individual
• whether the alleged offender can be considered responsible for his or her actions
• whether it is in the public interest to prosecute
• the views of the victim and/or their family and friends
• the potential effect of the process – both positive and negative – on the person’s mental health
• the views of the clinical team responsible for the individual
• the aims of the person’s care plan and/or treatment
• the possible effect on the individual’s offending behaviour.

Whatever the outcome, the decision-making process should be a joint one involving as many key players as possible. Clearly, information sharing is crucial to this process. The final decision must balance the various needs and provide an outcome that contributes both to the care of the individual and the needs of the wider society.