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Imprisoning the mentally disordered: a manifest injustice?

Peay, Jill (2014) Imprisoning the mentally disordered: a manifest injustice? Law Society and Economy Working Paper Series. London School of Economics and Political Science, London, UK.

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Identification Number: 10.2139/ssrn.2378445


The paper considers the nature and extent of mental disorder, amongst those who have been justly convicted, within prisons in England and Wales. These levels of disorder, and of serious disorder, are broadly consistent with the international literature. The implications of the presence of so many mentally disordered offenders for the established purposes of imprisonment are explored. Issues of accessing appropriate treatment are reviewed. A number of remedies are discussed, including those of interventions which would significantly reduce the prison population per se. The paper concludes that whilst for many mentally disordered offenders imprisonment is the right and proper disposal, for others it is an injustice that they are detained in conditions that may exacerbate their disorders, and for some others their presence in the prison population is a manifest injustice. The paper calls for a fundamental review of the purposes of imprisonment for all offenders, in the light of these observations about mentally disordered offenders.

Item Type: Monograph (Working Paper)
Official URL:
Additional Information: © 2014 The Author, London School of Economics and Political Science
Divisions: Law
Subjects: H Social Sciences > HV Social pathology. Social and public welfare. Criminology
K Law > K Law (General)
R Medicine > RA Public aspects of medicine > RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
Date Deposited: 24 Feb 2014 12:34
Last Modified: 17 Feb 2021 10:12

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