Ministers urged to end ‘unacceptable gap’ in rights of victims of mentally disordered offenders

Victims of mentally disordered offenders are unfairly denied rights given to others affected by crime, a report has found.

Ministers must act to end the “unacceptable” gap in support which leaves some victims feeling ignored and isolated, according to the assessment from Baroness Newlove, the Victims’ Commissioner for England and Wales.

She said that while the law rightly makes a distinction between offenders who are of sound mind when committing their crimes and those whose judgment was impaired by mental illness, the impact on victims is the same.

Despite this, the Commissioner said victims of mentally disordered offenders (MDOs) do not have the same entitlements under the Victim Code, which sets out the minimum level of service expected from the criminal justice system.

Baroness Newlove’s report said victims of MDOs are not entitled to submit a personal statement when the offender’s case is reviewed by a mental health tribunal.

They have no entitlement to attend the tribunal and present a statement in person, according to the paper.

It also warned that recently announced changes to the parole system will not apply to victims of MDOs.

Baroness Newlove said: “It’s unfair that victims affected by horrific crimes committed by mentally disordered offenders do not have the same entitlements as other victims – their pain and trauma is no less and they deserve the same care and support.

“Victims in our case studies told us that they felt ignored, isolated and diminished by their treatment within the criminal justice system. This is unacceptable and needs to change.”

The report cites accounts of people bereaved by homicides perpetrated by mentally disordered individuals.

One said: “The man killed my husband. You would think I do have a few rights, but no, no rights at all. I don’t feel free, it’s a horrible feeling… I feel very vulnerable.”

An average of 122 homicides are committed by MDOs in the UK each year, according to figures cited in the report.

It added that national statistics are not collated regarding the number of victims of MDOs who have been convicted of other violent or sexual crimes.

A Ministry of Justice spokeswoman said: “This Government is committed to ensuring we continue to have a fair and equitable justice system which includes reflecting the needs of victims.

“That is why we are spending almost £100 million on support for victims this year alone, and will publish our Victims Strategy this summer.

“Victims of mentally disordered offenders are already entitled to participate in the victim contact scheme and can make representations about conditions of discharge, such as preventing offenders making contact or entering the area where they live.

“We will consider the recommendations in this report very carefully.”

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