THE PRINCIPLES FOR SENTENCING AND CUSTODY FOR THE MENTALLY ILL-OFFENDER: A COMPARATIVE STUDY BETWEEN THE UNITED KINGDOM AND BRUNEI DARUSSALAM

Abstract

There is little understanding how the mentally ill offenders are sentenced and the placement of the mentally ill offender when found ‘not guilty by reason of insanity’. There is a mixture of sentiments when it comes to a person who is found to be mentally ill. This highlights the lack of understanding of the principles of sentencing and the custody for the mentally ill offender. This paper seeks to address how mentally ill offenders are sentenced and discussed whether the present approach to sentencing suitably addresses the broad goals of the criminal justice system whilst taking into account of the situation of the mentally ill offenders. The objective of this study is to compare the selected jurisdictions with regards to the procedure for the mentally ill offender. Doctrinal research has been used in analysing legal and academic literatures, as well as case laws in the United Kingdom and Brunei Darussalam. In sentencing the mentally ill offender, the court lean towards rehabilitation so that the mentally ill offender can return to society behaved and safe. The United Kingdom Mental Health Act 1983 Chapter 20 can guide Brunei Darussalam in producing her own Mental Health statute.