Culpability may be reduced if the offender was suffering from a mental disorder, but only if there is a sufficient connection between the offender’s impairment or disorder and the offending behaviour.

The Sentencing Council provides the following guidance, though notes it is not exhaustive nor to be used as a checklist.

At the time of the offence did the offender’s impairment or disorder impair their ability:

• to exercise appropriate judgement,

• to make rational choices,

• to understand the nature and consequences of their actions?

At the time of the offence, did the offender’s impairment or disorder cause them to behave in a disinhibited way?

Are there other factors related to the offender’s impairment or disorder which reduce culpability?

Medication. Where an offender was failing to take medication prescribed to them at the time of the offence, the court will need to consider the extent to which that failure was wilful or arose as a result of the offender’s lack of insight into their impairment or disorder,

“Self-medication”. Where an offender made their impairment or disorder worse by “self-medicating” with alcohol or non-prescribed or illicit drugs at the time of the offence, the court will need to consider the extent to which the offender was aware that would be the effect,

Insight. Courts need to be cautious before concluding that just because an offender has some insight into their impairment or disorder and/or insight into the importance of taking their medication, that insight automatically increases the culpability for the offence. Any insight, and its effect on culpability, is a matter of degree for the court to assess.