Joan Hoggett death: Top prosecutor urges people to have their say on how justice system deals with mental health issues after Ethan Mountain sentencing

A top prosecutor is asking the public to have their say on how people with mental health issues are treated in the criminal justice system after Ethan Mountain was sentenced for manslaughter.

By Poppy Kennedy
Monday, 25 March, 2019, 10:29

Speaking after Mountain was sentenced to an indefinite hospital order on Friday, Andrew Penhale, Chief Crown Prosecutor for CPS North East, said that the case highlighted how important it was that prosecutors worked from clear, informed guidance when making decisions about defendants with mental health issues.

Mountain, who was wearing a horror mask and had his hood up, launched a "50 second" attack on Joan Hoggett in the One Stop Shop at Fulwell, Sunderland, and left her with 29 knife injuries which caused damage to her heart, lung, arteries and intestine on September 5.

Andrew Penhale, Chief Crown Prosecutor for CPS North East

The 19-year-old suffers from paranoid schizophrenia and told police how voices in his head had compelled him to carry out a random attack on the 62-year-old grandmother in Sunderland last year.

Andrew said: “I would first like to praise the dignity shown by the family of Joan Hogget in the immediate wake of Ethan Mountain’s plea to the charge of manslaughter.

"Despite their own grief, they have recognised the significant role that Ethan’s mental illness played in his actions and have publicly encouraged those suffering from mental health issues to seek appropriate support.

Ethan Mountain

“Cases involving mental illness are complex and difficult, as a single disorder can affect different people in different ways. As prosecutors we always need to make decisions based on the unique facts of a given case, but it is vital that we are also guided in such decisions by the expertise of those working across the mental health sector.

“Earlier this month the Crown Prosecution Service launched a public consultation on updated legal guidance about how we deal with defendants with mental health conditions and disorders. The guidance has been developed over many months in collaboration with mental health experts, to better reflect our growing understanding of different mental conditions.”

“I would encourage anyone with a perspective on mental health, from members of the public to mental health professionals, to engage with this consultation and help to shape this guidance before it is finalised later this year.”

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Joan Hoggett

The revised guidance is designed to assist decision-making throughout the life of a criminal case, from the initial decision to prosecute, through to fitness to plead and sentencing.

It has been developed following extensive collaboration with experts to understand changes in the mental health landscape such as diversion services and community concerns about the impact on the criminal justice system.

A random sample of nearly 400 cases across England and Wales found that one in five involved a defendant, victim or witness with a mental health issue.

Key information included in the draft guidance includes:

• information for prosecutors about different types of mental health conditions, and their clinical presentation;

• consideration of the admissibility of confessions where a suspect has a mental health issue;

• potential legal defences a defendant may have for offences, including reasonable belief in self-defence for violent offences, and automatism, where a person loses control of their body;

• information about potential community treatments or non-criminal justice diversions for some low-level defendants with mental illnesses such as schizophrenia, bipolar disorder, anxiety and depression, as well as autistic spectrum disorders and learning disabilities; and

• the use of reasonable adjustments to support effective participation by defendants with mental health issues, for example, allowing them to use special measures, such as giving evidence from behind a screen to help alleviate anxiety.

The CPS has separate guidance to support victims and witnesses with mental health issues through the criminal justice system.

The consultation runs until June 4. The final version of the guidance will be published later this year.