Table Of ContentMENTAL HEALTH AND PUNISHMENTS
How might we best manage those who have offended but have mental vulnera-
bilities? How are risks identified, managed and minimised? What are ideological
differences of care and control, punishment and therapy negotiated in practice?
These questions are just some which are debated in the eleven chapters of this
book. Each with their focus on a given area, authors raise the challenges, contro-
versies, dilemmas and concerns attached to this particular context of delivering
justice.
Taking insights on imprisonment, community punishments and forensic ser-
vices, this book provides a broad analysis of environments. But it also casts a
critical light on how punishment of the mentally vulnerable sits within public
attitudes and ideas, policy discourses, and the ways in which those seen to present
as risky and dangerous are imagined.
Written in a clear and direct style, this book serves as a valuable resource for
those studying, working or researching at the intersections of healthcare and
criminal justice domains. This book is essential reading for students and practi-
tioners within the fields of criminology and criminal justice, social work, foren-
sic psychology, forensic psychiatry, mental health nursing and probation.
Paul Taylor is Head of the Department of Social and Political Science at the
University of Chester, UK. His research is interdisciplinary, drawing together areas
of criminology with the more general concerns of culture within public service/
armed forces occupations. Further, he writes and researches on a range of substan-
tive issues relating to biography, including: mentally vulnerable i ndividuals and
the criminal justice process; ageing, welfare and punishment; and criminal justice
practitioner well-being.
Sharon Morley is a Senior Lecturer at the University of Chester, UK. Her
research and publications have focused on a wide range of criminological topics.
Her main research has focused on narrative accounts of young women and their
everyday experiences of violence; dating violence; precautionary strategies; and
gender, space and self-regulation. More recently her research is concerned with
female offenders who have mental health issues, particularly the punishment
of women offenders who have mental health issues. Sharon’s books include the
Companions in Criminology and Criminal Justice series, such as the Companion
to State Power, Liberties and Rights (Policy Press). Her publications also include
articles on mental health, victimisation and injustice.
Jason Powell is Professor of Social Gerontology and Associate Dean of Health
and Social Care at The University of Staffordshire. He is an elected Academician
of The Academy of Urbanism. Dr. Powell has interests in interdisciplinary re-
search focusing on ageing, Foucault and social policy. He has held many research
and knowledge exchange grants in the UK, EU and Asia and disseminated his
research globally with many publications, including 72 academic books and top
ranked refereed journal articles. These include The Journal of Applied Gerontol-
ogy; Journal of Health Politics, Policy and Law; and The Scandinavian Journal of
Caring Sciences. Dr. Powell is Editor-in-Chief of Illness, Crisis & Loss (SAGE).
MENTAL HEALTH AND
PUNISHMENTS
Critical Perspectives in
Theory and Practice
Edited by Paul Taylor, Sharon Morley and
Jason Powell
First published 2021
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2021 selection and editorial matter, Paul Taylor, Sharon Morley and
Jason Powell; individual chapters, the contributors
The right of Paul Taylor, Sharon Morley and Jason Powell to be
identified as the authors of the editorial material, and of the authors for
their individual chapters, has been asserted in accordance with sections
77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced
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Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Taylor, Paul, 1981– editor. | Morley, Sharon, editor. |
Powell, Jason L., 1971– editor.
Title: Mental health and punishments: critical perspectives in theory and
practice / edited by Paul Taylor, Sharon Morley and Jason Powell.
Description: Abingdon, Oxon; New York, NY: Routledge, 2020. |
Includes bibliographical references and index. |
Identifiers: LCCN 2020006077 | ISBN 9780815375142 (hbk) |
ISBN 9780815375159 (pbk) | ISBN 9781351240611 (ebk)
Subjects: LCSH: Mentally ill offenders. | People with mental disabilities
and crime. | Prisoners—Mental health services. | Criminal justice,
Administration of.
Classification: LCC HV6133 .M44 2020 | DDC 364.3/8—dc23
LC record available at https://lccn.loc.gov/2020006077
ISBN: 978-0-8153-7514-2 (hbk)
ISBN: 978-0-8153-7515-9 (pbk)
ISBN: 978-1-351-24061-1 (ebk)
Typeset in Bembo
by codeMantra
CONTENTS
List of contributors vii
Preface x
Introduction 1
Paul Taylor and Andrew Reeves
1 The rise of psychiatry: mental illness/disorder and social control 6
Barbara McNamara and Jason Powell
2 Mental health and the criminal courts: fitness to plead,
culpability and the defence of insanity 19
Rajan (Taj) Nathan
3 Causal relationships or casual associations? Assessing the
nature and character of mental illness/disorder and crime 33
Ian Cummins
4 Containing them, liberating us: the shadow side of
criminal psychopathy 45
Leon McRae
5 Community punishment and mental illness and disorder 71
Lol Burke
vi Contents
6 Uneasy bedfellows: imprisonment, mental health and
public service austerity 87
Jane Senior
7 Continuity and change in penal policy towards personality
disordered offenders 107
Ailbhe O’Loughlin
8 The therapeutic management of child sex offenders 129
Karen Harrison
9 Mental health, young people and punishments 143
Gillian Buck and Sean Creaney
10 ‘Securing’ treatment for female prisoners with
mental health issues 159
Sharon Morley
11 Intellectual disability and punishments 173
Andrew Lovell
Index 189
CONTRIBUTORS
Dr Gillian Buck is Senior Lecturer in Social Work at the University of Chester,
UK. Her research interests include peer-led services, criminal justice, youth jus-
tice and the voluntary sector. Before working in research and teaching, Gill
worked as a Social Worker in a youth offending team.
Prof Lol Burke is Professor in Criminal Justice at Liverpool John Moores
University, UK, and specialises in the areas of probation research, policy and
practice. He has a particular interest in the way that occupational culture acts out
in probation settings, the dynamics of supervision and resettlement provision for
released prisoners.
Sean Creaney is a Lecturer in Psychosocial Analysis of Offending Behaviour at
Edge Hill University, UK. He is currently an advisory board member at empa-
thy-led charity Peer Power. His research interests include peer mentoring, risk-
based practices and children’s involvement in the design and delivery of services.
Sean’s PhD thesis was a Bourdieusian analysis of children’s participation in deci-
sion making in youth justice.
Dr Ian Cummins is a Senior Lecturer and Head of Social Policy in the School of
Health and Society at the University of Salford, UK. He initially qualified as a
probation officer and then also worked as a mental health social worker. His re-
search interests reflect this practice experience and focus on mental health issues
in the CJS and the history of community care.
Prof Karen Harrison is a Professor in Law and Penal Justice at the University of
Lincoln, UK. Over the last 20 years, she has established a national and interna-
tional profile in sentencing and penal policy. She has written extensively on the
viii Contributors
legal and ethical implications of risk reduction and management strategies with
high-risk sex offenders and has recently completed an empirical project looking
at why British South Asian women fail to report sexual abuse.
Prof Andrew Lovell has been Professor in Learning Disabilities in the Depart-
ment of Mental Health and Learning Disabilities, Faculty of Health & Social
Care at the University of Chester, UK since 2012. Andy received his PhD in
2004 from the department of sociology at the University of Liverpool, which
explored, within a social constructionist framework, the role of self-injury over
the life course of a group of individuals with learning disabilities. He has a clini-
cal background working as a nurse with people with learning disabilities, mental
health difficulties and a background of offending and violent behaviour.
Dr Barbara McNamara joined the BSc (Hons) Health, Wellbeing and Social
Care course team at the University of Bradford, UK in 2014. She is a Lecturer
in Health and WellBeing. Barbara has worked as a Lecturer in higher educa-
tion since obtaining a BA (Hons) in Sociology and Social Policy in 2006 and
an MA in Research methods in 2007 at the University of Liverpool. In 2012
Dr McNamara completed her PhD at the University of Liverpool and her thesis
(from a Feminist Foucauldian stance) explored women’s experiences of self/body
and identity work in Commercial Weight loss organisations.
Dr Leon McRae is a legal academic, who has taught criminal law, criminology
and mental health law at Keele University, UK; Birmingham University, UK;
and King’s College London, UK. He is currently an external examiner on the
LLM programme at the LSE (Mental health law: The criminal context). Leon re-
searches in the field of mental health law (mainly the criminal context), criminal
law, critical criminology, medical law and, increasingly, speaks psychoanalytic
concepts to legal decision-making and criminal responsibility.
Prof Rajan (Taj) Nathan (MBBCh, MMedSc, MRCPsych, DipFSc, MD) is
a Consultant Forensic Psychiatrist and Director of Research and Effectiveness
with Cheshire Wirral Partnership NHS Foundation Trust, UK, an Honorary
Senior Research Fellow at the University of Liverpool, a Visiting Professor at the
University of Chester and an Adjunct Professor at Liverpool John Moores Uni-
versity, UK. He has over 20 years’ experience of working in a range of forensic
clinical settings (including secure hospitals, prisons and community forensic ser-
vices) and medico-legal contexts (including the regular provision of independent
expert opinion in criminal and family proceedings). He has published exten-
sively with a particular focus on violence, offending and personality disorder.
Dr Ailbhe O’Loughlin is a Lecturer at York Law School, University of York, UK.
Ailbhe holds an LLB in Law and French from Trinity College Dublin and an
MSc in Criminology and Criminal Justice from the University of Oxford. She
Contributors ix
completed her PhD studies in law at the London School of Economics in 2016.
Her research explores the role of law, policy and practice at the intersections be-
tween the criminal justice system and the forensic mental health system.
Dr Andrew Reeves is an Associate Professor in the Counselling Professions and
Mental Health at the University of Chester, UK. He is a BACP Senior Accred-
ited Counsellor/Psychotherapist, and a Fellow of BACP and the Higher Educa-
tion Academy. His practice experience, over 30 years, has been with children
and families and in adult mental health settings. He has written extensively on
working with risk in therapeutic contexts. He is Chair of the British Association
for Counselling and Psychotherapy, Director of Colleges and Universities for the
Charlie Waller Memorial Trust and an independent practitioner, specialising in
working with risk and men’s mental health.
Dr Jane Senior qualified as a mental health nurse in 1990 and worked clinically
in a variety of acute, forensic, community and prison settings for over ten years.
She was fortunate to receive funding from the NHS to undertake a PhD at the
University of Manchester examining models of mental healthcare delivery in
prisons. She is still at the University of Manchester, working as a Senior Lecturer
(Research & Teaching) in forensic mental health. Her research interests include
prison mental health, suicide and self-harm, liaison and diversion and the role of
police and policing in mental health issues.
