CJHS 395 Policing and Mental Health Paper

Policing and Mental Health

Name:

Institution:

Tutor:

Course:

Date:

Policing and Mental Health

In almost all instances, police often come into contact with persons that are mentally ill. It is extremely easy for this kind of people to commit crime since they often do not understand what the law is all about. For this reason, on several occasions, they will be doing what is contrary to the law and might be arrested. However, this is termed as wrongful arrest because they were not aware of the mistake they were doing in the first place. For this discussion, we shall discuss a case study of the New South Wales Mental Health and Drug and Alcohol Programs Unit.

The unit was formed in the year 2006 following an integration that occurred between the department of mental health, department of drug and alcohol, the department of drug and alcohol policy and the community drug strategies. Mental illness and substance abuse disorders have been described as constituting a global public health problem of enormous proportions. Recent statistics have demonstrated that 45 percent of Australians at some point in their lifetime have experienced an anxiety, mood or substance abuse disorder. Over a 12 month period 14 percent of the population experienced an anxiety disorder, six percent experienced an affective disorder, and five percent experienced a substance abuse disorder. Globally it is estimated that almost 25 percent of the world’s population will experience a psychiatric or addictive disorder during their lives, with mental illness constituting a leading cause of disability. In Victoria almost one in five people experience mental illness annually.

It has been noted that the police are often the first point of contact when somebody is experiencing a mental health crisis since they are usually the first to be contacted in such a situation. During such crisis, these individuals often constitute a threat of physical harm to either themselves or others. In these instances police are required to use their discretion to respond to such persons in the most appropriate way. Associated with the use of discretion is an over representation in the use of force against people with mental illness, including fatal police shootings. Given the prevalence of mental illness in this community it followed that police must regularly encounter people with a mental illness.

The closure of mental health institutions and the subsequent inadequate provision of community based mental health services have contributed to this. This reality is not unique to Victoria. Research internationally identifies inadequate planning and service provision following deinstitutionalization and a lack of foresight by policy makers regarding the impact of these changes upon police services. It is because of this and several other reasons that the unit was created. Another reason for its creation included the availability of funds following the funding priority given to the department by the state government during that time together with the national government under the Council of Australian Governments (COAG).

Since inception, the unit has had a massive impact within the community. This has been evidenced by the large number of reformed people from the time the program began. To begin with, it has prevented several wrongful arrests of innocent citizens. This is because, they are able to decipher those that are affected by mental illnesses making them to behave in the manner they present it. Next, it has prevented several unlawful and irresponsible shootings. In the recent past, in several areas of the world, there have been several reports of police shootings that have been termed as irresponsible. In my opinion, the shooting are not irresponsible but they are miscalculated and unnecessary. If all the individuals were to be catered for as it’s done by the New South Wales department then this and several others may then be avoided.

The Unit is governed mainly the Mental Health Act of 1986, in particular, the by section 10. This enables police and protective service officers to apprehend a person where they have reasonable grounds for believing that a person who appears to be mentally ill may constitute a serious risk of harm to themselves or others. In apprehending such persons police may enter premises and use such force as is reasonably necessary to secure the person. There are several strategies of containment within the department as concerning the individuals that are mentally challenged.

First and foremost the most common method involves informal handling. In these situations, the individuals are counseled for some time before they are released. This is referred to as the counseling and releasing methods. In these situations, this often takes place at the scene of the incident. The next strategy currently in use is taking the individuals into custody for questioning and assessment. This is then followed by the examination by a certified psychiatrist within the unit. This is frequently followed by transportation to a medical facility for further management. The type of strategy used depends on the individual jurisdiction and the type of offence committed by the individual.

The Mental Status Act provides for three main types of presentation into the medical facility. The first type is known as involuntary presentation. In this situation, the individual is presented to a medical facility contrary to their wishes either by the police of by people well known to him. This often follows an offense by the individual or exhibition of a strange behavior by the person. The second type of presentation is known as voluntary apprehension. Most often this doesn’t involve the police. In this type of presentation the individual presents himself to the medical facility following his or her notice of a bizarre behavior. The final type of presentation is called emergency presentation. In this form of presentation, the individual is presented as a medical emergency. These cases may frequently involve the police as it comes as a case that most frequently needs emergency consult by a certified medical psychiatrist. The individual is first stabilized by the psychiatrist. Any subsequent arrests or police custody then only follows the stabilization of the individual.

The Mental health act forms part of the law that affects the unit positively. This governs almost all their arrests and any warrants presented by the unit. Another law that governs the unit is The Charter of Human Rights and Responsibilities Act 2006. This requires public authorities to protect and promote twenty specific rights of Victorians. These are based on the principles of freedom, respect, equality and dignity. The principles must guide the treatment and response to people including those with a mental illness. The third strategy that aids the mental health management and arrests are the Victorian initiatives 2006– 2009. In its 2006 Business Plan Victoria Police identified mental health as one of its priority areas. It undertook to enhance its responses to mentally ill persons as a strategic service delivery commitment. The human services team may come into the situation on several occasions. First, there may be a difficult client who needs persuasion in order to open up. Such clients may need help from a dedicated person who knows about human relations and how to handle different individuals on different occasions. Next, there may be situations where there may be conflict of interest. In these situations then the HR office may be called to assist. These individuals may also be called upon when there is a breach of these enacting laws either by the police or by any other involved persons. They then come in as a neutral party to the case to assist in the management and handling of the individual at hand.