For example, autism is often diagnosed alongside other conditions, such as learning disabilities and/or difficulties. While some mental health conditions or disorders are distinct and easily defined, there are also crossovers and individuals may have a number of related conditions. Mental health conditions or disorders are not always a constant: they may fluctuate, including being different at the time of an alleged offence to the different stages of any prosecution. For this reason, prosecutors should approach each case on its own facts and merits and assess the nature, extent and effect of the condition on an individual, together with the circumstances of the particular offences. The fact that someone has a mental health condition or disorder may be relevant to the offence, but it may not.
There is a very wide span of mental health conditions or disorders, and each will impact on individuals in different ways. Outside the ambit of this guidance, prosecutors will more broadly have regard to the mental functioning of a suspect or defendant even where this is not reflected in a recognised condition: when assessing the individual suspects mens rea when considering their maturity - in the case of young adults who continue to mature into their mid-twenties - and in recognising neurodiversity, the variations in the human brain and the mental functions of suspects and defendants. This guidance therefore seeks to inform the decision to prosecute in respect of a span of conditions which comprise disorders, disabilities, impairments, injuries and diseases, which relate both to the brain and the mind.
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