Background Diversion programmes in magistrates' courts are designed to prov
ide immediate advice or access to mental-health treatment facilities for de
fendants when appropriate. The prevalence of serious psychiatric disorder a
nd the proportion of defendants who might require transfer are unknown. We
undertook a study to address these issues and to find out whether defendant
s with such disorders are reliably detected by court personnel and referred
to psychiatric staff in court diversion programmes.
Methods A two-phase screening method used questionnaires for psychiatric di
sorder (the general health questionnaire and psychotic screening questionna
ire) and screening instruments for alcohol and substance misuse followed by
standard psychiatric interview (schedules for clinical assessment in neuro
psychiatry). The detection rate of defendants with serious psychiatric diso
rder by court staff was observed.
Findings The frequency of serious psychiatric disorder was 1.31% (three of
229) among defendants appearing in court direct from the community and 6.57
% (96 of 1460) among those held in custody overnight. Of the 99 defendants
with serious psychiatric disorder, 34 had schizophrenia and other psychoses
and 55 had depressive disorders. 42 (76%) of the 55 individuals with depre
ssive disorders had suicidal ideas, which were recorded on the first-phase
screening questionnaire in many cases. Only 14 of 96 defendants from overni
ght custody with serious psychiatric disorder were detected by court staff
and referred to the court diversion programme.
Interpretation There is a substantial rate of psychiatric disorder in the c
ourt population, which is not satisfactorily detected with the current syst
em. Brief screening questionnaires and training of court staff are probably
necessary for detection of people with serious psychiatric disorder passin
g through the courts.