Practical Forensic Psychiatry Edited by Tom Clark and Dharjinder Singh Rooprai CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2011 by Taylor & Francis Group, LLC CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U.S. Government works Version Date: 20141208 International Standard Book Number-13: 978-1-4441-4976-0 (eBook - PDF) This book contains information obtained from authentic and highly regarded sources. While all reasonable efforts have been made to publish reliable data and information, neither the author[s] nor the publisher can accept any legal responsibility or liability for any errors or omissions that may be made. The publishers wish to make clear that any views or opinions expressed in this book by individual editors, authors or contributors are personal to them and do not necessarily reflect the views/opinions of the publishers. The information or guidance contained in this book is intended for use by medical, scientific or health-care professionals and is provided strictly as a supplement to the medical or other professional’s own judgement, their knowledge of the patient’s medical history, relevant manufacturer’s instructions and the appropriate best practice guide- lines. Because of the rapid advances in medical science, any information or advice on dosages, procedures or diagnoses should be independently verified. The reader is strongly urged to consult the relevant national drug formulary and the drug companies’ printed instructions, and their websites, before administering any of the drugs recommended in this book. This book does not indicate whether a particular treatment is appropriate or suitable for a particular individual. Ultimately it is the sole responsibility of the medical pro- fessional to make his or her own professional judgements, so as to advise and treat patients appropriately. The authors and publishers have also attempted to trace the copyright holders of all material reproduced in this publication and apologize to copyright holders if permission to publish in this form has not been obtained. If any copyright material has not been acknowledged please write and let us know so we may rectify in any future reprint. Except as permitted under U.S. Copyright Law, no part of this book may be reprinted, reproduced, transmit- ted, or utilized in any form by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying, microfilming, and recording, or in any information storage or retrieval system, without written permission from the publishers. For permission to photocopy or use material electronically from this work, please access www.copyright. com (http://www.copyright.com/) or contact the Copyright Clearance Center, Inc. (CCC), 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400. CCC is a not-for-profit organization that provides licenses and registration for a variety of users. For organizations that have been granted a photocopy license by the CCC, a separate system of payment has been arranged. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Visit the Taylor & Francis Web site at http://www.taylorandfrancis.com and the CRC Press Web site at http://www.crcpress.com Contents Contributors v Preface vi Abbreviations vii 1. The Development of Forensic Psychiatric Services 1 James Reed 2. Entry into Secure Care 12 Helen Whitworth 3. Treatment and Outcomes in Secure Care 25 Leela Sivaprasad 4. Challenging Issues in Secure Care 43 Rebekah Bourne 5. Leaving Secure Care and Community Follow-up 56 Dharjinder Singh Rooprai 6. Risk of Violence Assessment 68 Tom Clark and Muthusamy Natarajan 7. Psychosis and Offending 82 Tom Clark and Muthusamy Natarajan 8. Mood Disorders, Neuroses and Offending 96 Clare Oakley 9. Personality Disorders and Offending 105 Clare Oakley 10. Learning Disability, Autistic Spectrum Disorders and Offending 117 Dharjinder Singh Rooprai 11. Women in Secure Care 130 John Croft 12. Children and Adolescents in Secure Care 143 Leela Sivaprasad 13. Sex Offenders, Stalkers and Fire Setters 156 Rebekah Bourne 14. Crime and Criminology 170 Renarta Rowe iii Contents 15. The Criminal Law and Sentencing 183 James Reed 16. Psychiatry and the Police 197 Renarta Rowe 17. Psychiatry and the Criminal Justice System 211 Helen Whitworth 18. Prisons and Prisoners 227 Dharjinder Singh Rooprai and Tom Clark 19. Mental Health Care in Prisons 243 Tom Clark and Dharjinder Singh Rooprai 20. Psychiatric Issues in Criminal Courts 254 Tom Clark 21. Providing Expert Evidence to Criminal Courts 268 Tom Clark iv Contributors Rebekah Bourne MBChB MRCPsych DipMedEd specialty registrar in forensic psychiatry, Birmingham & Solihull Mental Health NHS Foundation Trust; honorary clinical teacher to the Birmingham MRCPsych Course Tom Clark MBChB LLM MRCPsych consultant forensic psychiatrist, Reaside Clinic, Birmingham & Solihull Mental Health NHS Trust; honorary senior clinical lecturer in forensic psychiatry, University of Birmingham training programme director for forensic psychiatry, West Midlands School of Psychiatry; visiting forensic psychiatrist, HMP Birmingham John Croft MBChB MRCPysch consultant forensic psychiatrist, Ardenleigh Womens Forensic Mental health Service, Birmingham & Solihull Mental Health NHS Foundation Trust Muthusamy Natarajan MBBS MRCPsych consultant forensic psychiatrist, William Wake House, St Andrew’s Healthcare, Billing Road, Northampton Clare Oakley MBChB MRCPsych clinical research worker, St Andrew’s Academic Centre, Institute of Psychiatry, King’s College London James Reed MBChB BMedSci LLM MRCPsych locum consultant forensic psychiatrist, Reaside Clinic, Birmingham & Solihull Mental Health NHS Foundation Trust Dharjinder Singh Rooprai MBBS LLM MRCPsych consultant forensic psychiatrist (forensic LD, ASD and ABI), Fromeside, Avon and Wiltshire Mental Health Partnership NHS Trust, West of England Forensic Mental Health Service Renarta Rowe MBChB MSc MRCPsych consultant forensic psychiatrist, Reaside Clinic, Birmingham & Solihull Mental Health NHS Foundation Trust Leela Sivaprasad MBBS DPM MRCPsych consultant forensic psychiatrist, Reaside Clinic, Birmingham & Solihull Mental Health NHS Foundation Trust Helen Whitworth MBChB MSc MRCPsych Cert MHS clinical lecturer, Keele University, visiting lecturer, Coventry University; consultant forensic psychiatrist, Hatherton Centre, South Staffordshire and Shropshire Healthcare NHS Foundation Trust v Preface We conceived this book with two broad aims in mind. Firstly, we wanted to present key fac- tual information in a concise, readily retrievable format, with a relative absence of opinion and debate. Of course the occasional opinion has crept in, and we think that the book is more interesting and thought provoking for that, but it remains a densely factual book. Sec- ondly, as a ‘jobbing’ consultant and, at the time, higher trainee respectively, we wanted to provide practical guidance on the day-to-day tasks that a forensic psychiatrist is required to deal with. This is particularly aimed at forensic trainees and psychiatrists working in other fields, for whom forensic matters are so often relevant. The book is unashamedly aimed at psychiatrists. While forensic psychiatric services are necessarily multidisciplinary, we think that there is value in focusing on the role of the psychiatrist, allowing a more pithy and direct approach, and enabling the role of the psy- chiatrist to be set more clearly within its proper place as but one part of the team. At the risk of appearing to try to eat our cake, we hope that those working in other disciplines and in other types of mental health services will also find the information and clinical guidance presented here useful. Most forensic patients used to be general psychiatric patients and will be so again, and much of the interface between the criminal justice system and mental health services is served by general rather than forensic psychiatry, and often by nurses rather than doctors. We are aware of gaps and areas of clinical practice that might have warranted more space than we have been able to give. In particular we have not tried to cover the law in juris- dictions other than England and Wales. More weighty and comprehensive textbooks are available; our book is conceived more as a vade mecum. We have tried to point the reader in the direction of further reading that might fill some of these gaps. Those references that we consider to be particularly important are marked with an asterisk. Our view would be that a higher trainee in forensic psychiatry should read all of these key references during the course of their training, though it is by no means an exhaustive list. Preparing a rather stylized yet multiple author book is a harder task than we imagined. We are very grateful to our contributors, each chosen for their particular experience or know- ledge in relation to some aspect or other of forensic clinical practice, for producing such val- uable chapters while tolerating our editorial interference in the pursuit of a consistent style. TC & DSR vi Abbreviations AC approved clinician ACCT assessment, care in custody and teamwork ADOS Autism Diagnostic Observation Schedule AESOP Aetiology and Ethnicity of Schizophrenia and Other Psychoses AMHP approved mental health professional AOT assertive outreach team ARA(I) actuarial risk assessment (instrument) ASBO antisocial behaviour order ASD autistic spectrum disorder AUC area under the curve AWOL absent without leave (from MHA detention) or absent without official leave BCS British Crime Survey BME black and minority ethnic CAMHS Child and Adolescent Mental Health Services CAMCOG Cambridge Cognitive Exam CANFOR Camberwell Assessment of Needs – forensic version CARATS counselling assessment referral advice and throughcare Service CATIE Clinical Antipsychotic Trials of Intervention Effectiveness CBT cognitive–behavioural therapy CCRC Criminal Cases Review Commission CIS-R Clinical Interview Schedule – Revised CJA 2003 Criminal Justice Act 2003 CJA 2009 Coroners and Justice Act 2009 CJCSA 2000 Criminal Justice and Court Service Act 2000 CJS criminal justice system CLDT community learning disability team CMHT community mental health team CPS Crown Prosecution Service CoP Code of Practice to the Mental Health Act 1983 CPA care programme approach CPIA Criminal Procedure (Insanity) Act 1969 CPN community psychiatric nurse CrimPR Criminal Procedure Rules CSA childhood sexual abuse CTO community treatment order DCR discretionary conditional release DH Department of Health DHSS Department of Health and Society Security DPP detention for public protection vii Abbreviations DSH deliberate self-harm DSM Diagnostic and Statistical Manual of Mental Disorders DSPD dangerous and severe personality disorder DTO Detention and Training Order DVCVA 2004 Domestic Violence, Crime and Victims Act 2004 ECA Epidemiological Catchment Area Survey ECHR European Convention on Human Rights ERASOR estimate of risk of adolescent sexual offence recidivism FME forensic medical examiner GDP gross domestic product HCR-20 Historical Clinical Risk-20 HMIP Her Majesty’s Inspectorate of Prisons HoNOS Health of the Nation Outcome Scales ICD International Classification of Diseases ICT iterative classification tree IMB independent monitoring board IMCA independent mental capacity advocate IPDE international personality disorder examination imprisonment for public protection or indeterminate sentence for public IPP protection LD learning disability LHRH luteinizing hormone-releasing hormone LSC Legal Services Commission MAPPA multi-agency public protection arrangement MAPPP multi-agency public protection panel MCA 2005 Mental Capacity Act 2005 MDT multidisciplinary team MDO mentally disordered offender MEAMS Middlesex Elderly Assessment of Mental State MHA 1983 Mental Health Act 1983 MHA 2007 Mental Health Act 2007 MHU Mental Health Unit (of the MoJ) MMSE Mini-Mental State Examination MoJ Ministry of Justice MSU medium secure unit NGBROI not guilty by reason of insanity NICE National Institute for Health and Clinical Excellence NOMS National Offender Management Service OABH occasioning actual bodily harm OASys Offender Assessment System OBP offending behaviour programme OCD obsessive–compulsive disorder OGP OASys General reoffending Predictor OGRS Offender Group Reconviction Scale OM offender manager OR odds ratio OT occupational therapy viii Abbreviations OVP OASys Violence Predictor PACE 1984 Police and Criminal Evidence Act 1984 PANSS Positive and Negative Syndrome Scale (for schizophrenia) PAR population attributable risk PCCA Powers of Criminal Courts Act 2000 PCL-R Psychopathy Checklist – Revised PCL-SV Psychopathy Checklist – Screening Version PCL-YV Psychopathy Checklist – Youth Version PCT primary care trust PD personality disorder PED parole eligibility date PICU psychiatric intensive care unit PIPES psychologically informed planned environment PPG penile plethysmography PSR pre-sentence report PTSD post-traumatic stress disorder RC responsible clinician RCP Royal College of Physicians RCPsych Royal College of Psychiatrists RM2000 Risk Matrix 2000 RMO responsible medical officer RMP registered medical practitioner ROC receiver operator characteristics ROSH risk of serious harm (according to OASys) RRASOR rapid risk assessment for sex offender recidivism RSU regional secure unit RSVP Risk of Sexual Violence Protocol SAPROF Structured Assessment of Protective Factors for violence risk SAVRY Structured Assessment of Violence Risk in Youth SCA structured clinical assessment SCAN Schedules for Clinical Assessment in Neuropsychiatry SCID-II Structured Clinical Interview for DSM-IV axis II diagnoses SCMH Sainsbury Centre for Mental Health SCT supervised community treatment SHA strategic health authority SI statutory instrument SMB strategic management board (for MAPPA) SNASA Salford Needs Assessment Schedule for Adolescents SOPO sex offender prevention order SORAG sex offender risk appraisal guide SOTP sex offender treatment programme SPJ structured professional judgement SSRI selective serotonin reuptake inhibitor START short-term assessment of risk and treatability TC therapeutic community TCO threat control over-ride ViSOR Violent and Sexual Offenders Register ix