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High Level Task Force to Consider The Mental Health and Addiction Challenges of Those Who Come into Contact With The Criminal Justice Sector: Final Report

By Ireland. Department of Health, Ireland. Department of Justice

It is increasingly recognised that the criminal justice system and in particular prison are not suitable to address the specific needs and challenges of those with mental health and drug addictions. The two reports of the Interdepartmental Group (IDG) to examine issues relating to people with mental illness who come in contact with the Criminal Justice System (dating from 2012 and 2018) contain recommendations on addressing the issues around this complex challenge. The Programme for Government: Our Shared Future is committed to the establishment of a Task Force to consider the mental health and addiction issues of persons in prison and primary care support on release. It also acknowledged the recent Mental Health Policy Sharing the Vision (StV) and committed to establishing the National Implementation and Monitoring Committee to oversee this work. The task force had three subgroups focused on three key elements to holistically meet these needs going forward; One subgroup, on Diversion, chaired by a member of An Garda Síochána, focused on diverting individuals with mental illness who have committed minor offences from progressing into the criminal justice system, in the best interests of both the public and the individual concerned. A second subgroup, on Irish Prison Service/Central Mental Hospital Capacity, which was chaired by an Irish Prison Service Director, examined the existing and future needs of individuals within the custodial criminal justice system. The objective of this group was to ensure that there is adequate provision of services to meet the mental health and dual diagnosis needs of those in prison. A third subgroup  examined community issues and through-care upon release from custody, and was chaired by the Director of the Probation Service. The objective of this group was to ensure that there are sufficient safeguards in place and adequate provision of services to prevent individuals from relapsing into damaging behaviours undermining the rehabilitative efforts made by the individual and the State. Overall, the Taskforce has put forward 61 recommendations which emphasise the shared responsibility of a number of Government Departments and agencies to deliver on meeting the needs of those with mental health and addiction challenges who come into contact with the criminal justice system.

Key actions include:

  • Progressive and empathetic approach by Gardaí to dealing with offenders with mental health and addiction challenges, informed by mental health and addiction awareness training for Gardaí 

  • Efficient and effective means of implementing a prosecution avoidance policy when Garda members come in contact with adults with mental illness and addiction, through the adult caution scheme

  • The establishment of a pilot specialist dual diagnosis service to support prisoners with a mental health condition and substance misuse in a prison, to inform roll-out across the entire prison estate

  • Access to tiered mental health supports that are recovery-oriented for every person with mental health difficulties coming into contact with the forensic system

  • Reducing attrition by maintaining engagement and motivation at the point of release, including through the use of community-agreed discharge plans for prisoners (identifying multi-agency supports required).

    Dublin: Department of Health; Department of Justice.2022. 231p.