How mental health is considered in court
What to understand if mental health, crisis, trauma, suicide risk, addiction, neurodivergence, or vulnerability may be relevant to a criminal case.
Mental health can affect behaviour, decision-making, memory, communication, risk, and someone’s ability to cope with court, custody, or prison.
The court system can take mental health into account, but it usually needs to be raised clearly, early, and backed by information.
Do not assume the court already knows.
More information below ▼
Important Reminder
This page is general information for Scotland. It is not legal advice.
If you or someone else is in immediate danger, call 999.
If someone is in mental health crisis but it is not an immediate emergency, call 111 and ask for mental health support.
If there is an active criminal case, speak to a solicitor as soon as possible.
Do not wait for the court to notice mental health concerns on its own. Tell the solicitor clearly and early.You can say:
“I need legal advice, and mental health may be relevant to this case.”
Why this matters
Mental health can affect:
Behaviour
Decision-making
Memory
Communication
Understanding of consequences
Ability to follow court proceedings
Risk to yourself or others
Ability to cope in custody or prison
Ability to instruct a solicitor
Whether support or treatment is needed
Many people assume the court already knows about their mental health.
In reality, judges, solicitors, prosecutors, custody staff, prison staff, and support services usually only know what is formally shared with them.
What mental health can and cannot change
Having a mental health condition does not automatically change what happens in a criminal case.
Mental health does not automatically
Stop a prosecution
Mean charges will be dropped
Prevent court action
Prevent prison
Mean someone will be sent to hospital instead
Mean behaviour will be excused
Mean the court already understands the risk
But mental health may affect
Bail decisions
Sentencing
Diversion from prosecution
Risk assessments
Support needs
How behaviour is understood
Whether someone can participate in proceedings
Whether medical reports are needed
Whether custody or prison creates serious risk
This is why it matters that mental health information is raised early and properly.
Mental health does not automatically stop the case, but it may affect what the court needs to consider.
What do you need to understand?
Choose the section that feels closest. You can come back and read another section afterwards.
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How mental health can matter during arrest, detention, questioning, and Appropriate Adult support.
Go to this section → -
How mental health, suicide risk, housing, support, and vulnerability may be relevant to bail.
Go to this section → -
What information a lawyer needs to know if mental health is affecting the case.
Go to this section → -
What records, reports, and professional information may help explain risk, vulnerability, or treatment needs.
Go to this section → -
What it may mean if someone cannot understand, participate, or instruct a solicitor properly.
Go to this section → -
How mental health may be relevant after conviction or a guilty plea.
Go to this section → -
How treatment-focused routes may be considered in some cases.
Go to this section → -
What family, friends, or loved ones can do to help make risks visible.
Go to this section →
I was not well during arrest, custody, or interview
If your mental health affected you when you were arrested, held in custody, or interviewed by police, tell your solicitor as soon as possible.
You do not need to understand the legal rules. You only need to explain what was happening to you.
This may matter if you were in crisis, confused, suicidal, psychotic, dissociated, intoxicated, withdrawing, heavily medicated, or unable to understand what was happening.
This may affect:
Whether you understood what was happening
Whether you could answer questions clearly
Whether you could properly speak to your solicitor
Whether extra support or assessment should have been considered
Things that may have been missed
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Suicide risk, self-harm risk, distress, panic, or unsafe behaviour.
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Medication, withdrawal, intoxication, illness, or need for medical support.
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Confusion, memory gaps, not understanding rights, or not understanding questions.
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Whether an Appropriate Adult, healthcare worker, or extra communication support was needed.
What to do now
Tell your solicitor as soon as possible
Explain what you remember about how you felt and behaved
Tell them if you needed medication, healthcare, or extra support
Ask whether this should be raised in your case
You do not need to explain it perfectly. Start with this sentence and let your solicitor ask follow-up questions.
“I was not well in police custody and I’m worried I didn’t understand what was happening or what I was saying.”
What to tell your solicitor
How you were feeling
Tell them if you were suicidal, panicked, detached, confused, psychotic, manic, dissociated, severely depressed, or overwhelmed.
What support you needed
Tell them if you needed medication, healthcare, a nurse, a doctor, an Appropriate Adult, or help communicating.
What happened afterwards
Tell them if your memory is unclear, you felt pressured, you became more distressed, or you are worried your answers were affected.
What you understood
Tell them if you did not understand your rights, the interview questions, what police were saying, or what your solicitor was advising.
More details your solicitor may ask about
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Whether you felt suicidal or at risk of self-harm
Whether you had recently self-harmed or attempted suicide
Whether you were hearing, seeing, or believing things others did not
Whether you felt detached from reality
Whether you understood your rights
Whether you understood the police interview questions
Whether you could make decisions clearly
Whether you could properly instruct your solicitor
Whether you were intoxicated, withdrawing, or heavily medicated
Whether you had access to medication
Whether you saw a nurse, doctor, or healthcare worker
Whether an Appropriate Adult or extra communication support was needed
Whether custody staff recorded your mental health risk
Bail decisions
Mental health may be relevant when the court decides whether you should be released on bail, kept in custody, or supported in another way.
Bail decisions can happen quickly. This is why your solicitor needs clear information about your mental health, risk, support, and housing situation as early as possible.
Bail may involve questions about
Safety
Are you safe to be released? Are you at risk of harming yourself or someone else?
Housing
Do you have somewhere safe to stay?
Risk
Will you attend court? Can you follow bail conditions? Would custody make things worse?
Support
Is anyone supporting you? Are mental health services involved?
Mental Health may matter if:
You are at risk of suicide or self-harm
This should be made clear before bail decisions are made.
You are vulnerable in custody
Custody may increase risk for some people, especially after crisis, hospital discharge, psychosis, trauma, or severe depression.
You need treatment or support
The court may need to know what support is already in place or what support is missing.
You do not have somewhere safe to go
Housing can affect whether bail is realistic or safe.
“Mental health is affecting this case and I need you to understand the risks clearly.”
You do not need to give a perfect medical explanation. Start with what is happening now and what has happened recently.
Suicide or self-harm risk
Recent crisis or hospital admission
Medication and treatment needs
Safe accommodation
Family or community support
Mental health team involvement
Whether custody could make risk worse
Whether bail conditions could support safety
What to tell your solicitor
Why bail can be difficult when mental health is involved
Courts may still remand someone in custody, even if they are vulnerable.
This may happen if:
Risk is considered high
Support plans are unclear
There is nowhere safe to go
Behaviour is viewed as unpredictable
Bail conditions are considered difficult to manage
The court does not have enough information about support or risk
Clear information matters because it helps the solicitor explain risk, support needs, and safer options.
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ou can help by giving the solicitor clear information about:
Suicide or self-harm risk
Recent crisis behaviour
Hospital admissions
Medication
Mental health team involvement
Whether there is a safe address
Whether family support is available
Whether being alone would increase risk
Whether custody could make the person worse
You can say:
“I’m worried bail or custody could be unsafe unless mental health support and housing are considered.”
Do not assume your solicitor already knows about your mental health.
Tell them clearly, even if it feels obvious, embarrassing, or already recorded somewhere else.
Your solicitor can only raise information they know about.
What your solicitor should know
Tell your solicitor early if mental health is affecting:
Your safety
Suicidal thoughts, self-harm risk, impulsive behaviour, or feeling unable to cope.
Your behaviour
Panic, psychosis, mania, dissociation, severe depression, trauma responses, or distress.
Your understanding
Confusion, memory gaps, difficulty following advice, or not understanding court.
Your support needs
Medication, treatment, crisis support, housing, communication help, or social work involvement.
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Diagnosis, symptoms, previous hospital admissions, crisis team involvement, self-harm, suicide attempts, or past risk.
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How you are feeling now, whether you are safe, what medication you take, and whether you are getting support.
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GP, psychiatrist, Community Mental Health Team, crisis team, social worker, support worker, addiction service, or housing worker.
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Court, custody, prison, bail conditions, being alone, homelessness, medication, or not understanding what is happening.
What to share
What to bring or send if you have it
Medication list
Hospital discharge summary
GP letters or appointment information
Crisis team contact details
Community Mental Health Team contact details
Psychiatric letters
Social work details
Previous risk assessments
Notes from family about recent behaviour or risk
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Diagnoses, if any
Current symptoms
Current medication
Missed medication
Recent crisis episodes
Recent hospital admissions
Suicide attempts or self-harm history
Current suicide risk
Involvement with mental health teams
Psychosis, mania, dissociation, or severe depression
Neurodevelopmental conditions
Learning disability or communication needs
Substance use or withdrawal concerns
Trauma history, if relevant
Whether you understand proceedings
Whether you can instruct a solicitor properly
Whether custody or prison may increase risk
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Ask the solicitor how they want information sent.
Keep it factual. Avoid long emotional messages if possible.
Useful format:
What happened
When it happened
What risk you are worried about
Who is already involved
What support is missing
Why you think this matters for court, bail, custody, or safety
You could say:
“I want to share factual information about mental health risk so it can be considered properly.”
More details that may be relevant
What your solicitor may be able to do
Your solicitor’s role is to protect your legal position and make sure relevant information is raised properly.
They cannot guarantee an outcome, but they can help make mental health concerns visible to the court.
Raising vulnerability
Explaining mental health, suicide risk, communication needs, or support needs
A solicitor may help by
Challenging unsafe decisions
Raising concerns if custody, release, bail, or lack of support may be unsafe.
Arguing for appropriate options
Asking the court to consider treatment, support, assessment, or alternatives where legally available.
Requesting evidence
Asking for records, assessments, reports, or professional information.
Court communication
Explaining mental health concerns to the court and asking for support during proceedings.
Medical information
Requesting GP records, hospital records, psychiatric reports, or psychological reports.
Risk and safety
Raising suicide risk, self-harm risk, vulnerability in custody, or concerns about release without support.
Treatment-focused options
Exploring diversion, assessments, community support, mental health treatment, or other lawful options.
They may be able to consider
More examples of what a solicitor may do
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Raise vulnerabilities early
Explain mental health concerns to the court
Ask for medical information
Request assessments
Ask for reports
Raise concerns about fitness for interview or proceedings
Challenge unsafe custody decisions
Ask for support during proceedings
Argue for treatment-focused options where appropriate
Raise suicide or self-harm risk
Ask the court to consider alternatives to custody where available
Ask for reasonable support if communication or understanding is affected
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Psychiatric reports
Psychological reports
GP records
Hospital records
Social work information
Diversion from prosecution
Community-based options
Mental health treatment requirements
Special measures or adjustments in court where relevant
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A solicitor cannot promise that mental health will:
Stop the case
Mean charges are dropped
Prevent custody
Guarantee bail
Guarantee a hospital-based option
Guarantee a reduced sentence
Mental health may be relevant, but the outcome depends on the case, the evidence, the law, and the court’s decision.
Mental health reports and evidence
Courts often rely on written professional evidence.
A person saying they are struggling matters, but reports and records can help show what was happening, what risks exist, and what support may be needed.
Evidence may help explain
What was happening at the time
State of mind, symptoms, crisis, intoxication, withdrawal, or confusion.
What the risks are
Suicide risk, self-harm risk, vulnerability, ability to cope in custody, or risk linked to homelessness.
What support may help
Treatment, assessment, community support, housing, supervision, or rehabilitation.
What is happening now
Current risk, treatment needs, medication, and support.
Ask your solicitor before sending lots of documents. They can tell you what is useful and how to share it. You could say:
“What mental health evidence would help the court understand the risk and support needs?”
Evidence might include
Medical records
GP records, hospital discharge summaries, medication records, crisis team notes, or Community Mental Health Team records.
Specialist reports
Psychiatric reports, psychological reports, prison mental health assessments, or court-requested reports.
Support records
Social work reports, housing support records, addiction service information, or support worker letters.
Family information
A clear timeline of recent behaviour, risks, crisis episodes, medication issues, or contact with services.
More Information:
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State of mind at the time
Current symptoms
Suicide or self-harm risk
Vulnerability
Ability to cope in custody
Ability to understand proceedings
Links between illness and behaviour
Treatment needs
Rehabilitation options
Risk management needs
Whether specialist assessment is needed
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A timeline can help if everything feels complicated.
Use this format:
Date / time:
What happened?Mental health concern:
What symptoms or risks were present?Who was involved:
Police, GP, hospital, crisis team, family, solicitor, social work, housing service.What support was given or missing:
Medication, assessment, crisis support, safe place to stay, follow-up.Why it matters:
Risk, confusion, unsafe release, missed support, court concern. -
Keep a timeline of recent events
List professionals involved
Note medication changes
Record recent crises, hospital visits, or police contact
Write down suicide or self-harm concerns
Share factual information with the solicitor
Avoid exaggerating; be clear and specific
In serious situations, the court may need to consider whether you are able to understand and take part in proceedings.
This is not the same as simply having a mental health condition.
It is about whether you can meaningfully understand, communicate, make decisions, and participate in the legal process.
If you are too unwell to understand court
This may matter if you cannot
Understand what is happening in court
Understand the charge or possible outcomes
Follow what your solicitor is saying
Give clear instructions about your case
This may be a concern if you are
Psychotic or detached from reality
Severely depressed, manic, confused, or dissociated
Unable to communicate clearly
Too unwell to participate safely
Tell your solicitor if court feels impossible to understand, not just frightening or stressful. You can say:
“I am worried I do not understand the court process or cannot properly instruct my solicitor.”
Tell your solicitor if you cannot understand what is happening
Tell them if you cannot follow advice or make decisions
Tell them if your symptoms are getting worse
Ask whether your fitness to participate needs to be considered
Ask whether medical evidence is needed
What to do now
Understanding
Can you understand what the case is about and what is happening in court?
What to explain
Decision-making
Can you make decisions about your case?
Safety
Are court, custody, or the legal process making you unsafe?
Communication
Can you speak to your solicitor and explain what you want to say?
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Understand what is happening in court
Understand the charge
Follow evidence
Communicate clearly with your solicitor
Give instructions
Make decisions about your case
Cope safely with the proceedings
Understand possible consequences
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Psychosis
Severe depression
Mania
Confusion or disorientation
Dissociation
Severe cognitive difficulties
Communication difficulties
What to explain
If you plead guilty or are convicted, mental health may be relevant to sentencing.
It does not automatically prevent punishment, but it may affect how the court understands responsibility, risk, rehabilitation, and the impact of custody.
Sentencing and mental health
Mental health may matter if it affected
Decision-making
Your ability to think clearly, understand consequences, or control impulses.
Risk
Whether custody could increase suicide risk, self-harm risk, or mental health deterioration.
Rehabilitation
Whether treatment, support, or supervision could reduce further harm.
Behaviour
Whether symptoms, crisis, trauma, addiction, or distress contributed to what happened.
Your solicitor can explain whether mental health is legally relevant to sentencing in your case. You could say:
“Can the court consider how mental health affected the offence, risk, and rehabilitation?”
What to tell your solicitor
How mental health affected the offence
Explain whether symptoms, crisis, trauma, addiction, medication, or distress played a role.
What support you need now
Explain what treatment, medication, housing, supervision, or crisis support is needed.
Why custody may be risky
Explain suicide risk, self-harm risk, vulnerability, or previous deterioration in custody.
What has changed
Explain any treatment started, support in place, safer housing, reduced risk, or steps taken since the offence.
More details
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Community-based sentences
Community Payback Orders with support or treatment requirements
Structured deferred sentences
Hospital-based orders in serious cases where legal tests are met
Reduced sentence in some circumstances
Prison with mental health support
Adjournment or deferral for reports
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Mental health may be relevant if it:
Contributed to the offence
Affected decision-making
Affected impulse control
Reduced understanding of consequences
Increased vulnerability
Affects rehabilitation prospects
Makes custody significantly more dangerous
Increases suicide or self-harm risk
Shows treatment is needed
Affects ability to comply with court orders
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Evidence may include:
Psychiatric reports
Psychological reports
GP records
Hospital records
Crisis team notes
Medication records
Social work reports
Housing support information
Addiction support information
Family timeline or factual statement
Evidence of treatment or progress
Ask your solicitor what is useful before sending large amounts of information.
Diversion and treatment-focused options
In some cases, mental health, trauma, addiction, vulnerability, or support needs may be relevant to whether a treatment-focused route is possible.
This does not happen automatically.
Ask your solicitor whether any treatment-focused option has been considered.
These options may focus on
Understanding the cause
Looking at mental health, trauma, addiction, crisis, or support needs.
Connecting support
Linking the person with treatment, supervision, housing, or community services.
Avoiding unnecessary escalation
Where legally appropriate, some cases may be handled with support-focused interventions.
Reducing further harm
Helping reduce risk to the person, family, community, or others.
This is not available or suitable in every case, but it is reasonable to ask whether it has been considered. You could say:
“Has a treatment-focused option or diversion been considered in this case?”
You may hear terms like
Court and justice terms
Diversion from prosecution, community justice, justice social work, structured deferred sentence.
Mental health terms
Mental health liaison, liaison and diversion, psychiatric assessment, treatment requirement.
Sentence or order terms
Community Payback Order, mental health treatment requirement, hospital assessment, hospital treatment order.
More details:
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Has diversion been considered?
Has justice social work been asked for input?
Is a mental health assessment needed?
Is there a community support plan?
Is treatment available?
What evidence would support this request?
Who decides whether this is possible?
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Treatment-focused options may aim to:
Identify underlying needs
Reduce further harm
Support treatment
Reduce reoffending
Help the court understand risk
Connect someone with services
Support rehabilitation
Avoid unnecessary custody where lawful and appropriate
Make a safer plan around mental health, housing, addiction, or supervision
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Treatment-focused options are not automatic.
They may depend on:
The type of case
Risk level
Public safety concerns
Available services
Medical evidence
Prosecution decisions
Court decisions
Whether the person agrees to engage
Whether there is a safe support plan
Your solicitor can explain whether this is realistic in your case.
If your supporting someone through court
Families and loved ones often notice risks before professionals do.
You may not be able to control the legal process, but you can help make sure important information is not missed.
Focus on making the risk clear, factual, and documented.
Your role is not to fix the whole case
Make risks visible
Tell the solicitor about suicide risk, crisis, confusion, or unsafe situations.
Ask direct questions
Ask what has been raised, what evidence is needed, and who is responsible for support.
Keep records
Write down who you contacted, when, and what they said.
Share facts clearly
Use dates, examples, and names of services involved.
“I’m supporting someone going through court and I’m worried their mental health risk is not being understood.”
You do not need to know the legal language. Clear factual information can still help. You could say:
What to write down
Risk
Suicide risk, self-harm, psychosis, mania, dissociation, severe depression, withdrawal, or unsafe behaviour.
Recent events
Hospital admissions, crisis calls, police contact, medication changes, homelessness, or sudden deterioration.
Support involved
GP, crisis team, Community Mental Health Team, social work, housing support, addiction service, or support worker.
What is missing
No safe housing, no medication, no follow-up, no crisis plan, no assessment, or no clear person responsible.
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Contact the solicitor
Ask how they want information sent
Keep it factual and short
Use dates and examples
Avoid guessing or diagnosing
Keep copies of messages
Ask whether mental health has been raised in court
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Useful information may include:
Suicide or self-harm concerns
Recent crisis episodes
Hospital admissions
Medication problems
Psychosis, mania, dissociation, or severe depression
Substance use or withdrawal concerns
Behaviour that is very different from normal
Times they seemed confused, detached, or unable to understand
Any risk linked to custody, prison, homelessness, or isolation
Whether they have support after court
Whether they are safe being alone
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Has the solicitor been told about the mental health risk?
Does the court know about suicide or self-harm risk?
Is medical evidence needed?
Has the person been assessed?
Is there a crisis plan?
Is there somewhere safe for them to stay?
Is medication available?
Who should be contacted if things get worse?
Has diversion or a treatment-focused option been considered?
What information would be most helpful from family?
Questions to ask
Start with these three questions
Has mental health been raised in this case?
What evidence is needed?
What should happen if risk gets worse?
You may not know what to ask when everything feels urgent.
These questions can help you start. You do not need to ask all of them at once. Choose the ones that fit your situation.
Questions for a solicitor
About mental health
Has mental health been raised with the court? What evidence do you need? Should medical records or reports be requested?
About risk
Has suicide or self-harm risk been documented? Could custody, bail, prison, or release increase risk?
About the case
Could mental health affect bail, sentencing, diversion, or the ability to take part in proceedings?
About next steps
What should family provide? How should it be sent? What happens if the person becomes more unwell?
Questions for services
Safety
Has a risk assessment been completed? Is there a crisis plan? Who should be contacted if things get worse?
Support
Has mental health support been contacted? Who is responsible for follow-up? Is medication available?
Housing
Is there somewhere safe to stay? Has housing support been contacted if needed?
Communication
Has the solicitor been told about the risk? Who is responsible for sharing information?
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Have mental health concerns been raised with the court?
What evidence do you need?
Should medical records or reports be requested?
Has suicide or self-harm risk been documented?
Could mental health affect bail?
Could mental health affect sentencing?
Has diversion or a treatment-focused option been considered?
Is the person able to understand proceedings and instruct you properly?
What happens if they are too unwell for court?
What should family provide, and how should we send it?
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Has a risk assessment been completed?
Has mental health support been contacted?
Is there a crisis plan?
Who is responsible for follow-up?
Is medication available?
Is there somewhere safe to stay?
Has the solicitor been told about the risk?
Who should family contact if things get worse?
What matters most right now
You do not need to understand the whole legal system today.
Make the mental health risk visible.
Tell the solicitor clearly and early.
Keep records of what you share and who you speak to.
If there is immediate danger, call 999.
If there is urgent mental health risk but not immediate danger, call 111 and ask for mental health support.