Previous Article
News
Why some court-ordered psychiatric patients remain in prison in Europe
There is an urgent yet insufficiently recognised human-rights and public-health crisis unfolding across Europe: the systematic imprisonment of mentally ill individuals who have already been assessed by courts or psychiatric professionals as requiring treatment in secure psychiatric hospitals rather than confinement in correctional facilities. Evidence indicates that structural failings—including bed shortages, procedural delays, and fragmented legal and administrative frameworks—have produced a situation in which thousands of vulnerable individuals remain in prison in direct contravention of judicial orders, clinical assessments, and international human-rights obligations. This constitutes a largely invisible mental-health scandal, obscured by inconsistent data collection, political sensitivities, and the general invisibility of people in custody.
According to the World Health Organization, approximately one-third of people in European prisons live with a serious mental illness, including schizophrenia, bipolar disorder, and major depressive disorder. Although not all require hospitalisation, a significant subset consists of individuals whom courts have explicitly designated as needing psychiatric or forensic-psychiatric care. In principle, these individuals should be diverted from prison to secure hospital facilities equipped to deliver specialised treatment. In practice, however, chronic shortages of appropriate hospital placements mean that many remain in prison for extended periods—sometimes for months or indefinitely—despite formal orders requiring their transfer. This persistent gap between legal mandate and operational capacity raises profound concerns for human rights and public safety.
Data from the Council of Europe’s SPACE reports show that information on this population is incomplete, inconsistent, and difficult to compare across jurisdictions. European states use differing definitions of “forensic psychiatry,” operate varying institutional models, and maintain separate data systems across justice and health sectors. Consequently, the true scale of the problem remains unknown, although evidence from individual national studies suggests that the number of affected individuals is substantial and increasing.
Four main factors underpin Europe’s limited understanding of how many mentally ill offenders remain unlawfully in prison despite treatment orders:
- Inconsistent Definitions
Countries classify forensic psychiatric care differently, making reliable cross-national comparison extremely difficult. - Fragmented Reporting Systems
Justice and health agencies often use incompatible databases, and few countries integrate information across sectors, leading to incomplete or contradictory records. - Chronic Shortages of Secure Hospital Capacity
Decades of bed reductions—driven by deinstitutionalisation, fiscal austerity, and shifting policy priorities—have significantly diminished the availability of secure psychiatric treatment. - Political Sensitivity and Institutional Reluctance
Governments may be hesitant to draw attention to shortcomings affecting offenders with mental illness, fearing accusations of leniency or public criticism of systemic neglect.
The interplay of these factors has created a Europe-wide landscape in which systemic failure is widespread yet poorly documented.
Europe’s total prison population is approximately 1.02 million. Even conservative estimates—suggesting that between 0.1% and 0.5% of incarcerated individuals are subject to unimplemented court orders for psychiatric hospitalisation—imply that between 1,000 and 5,000 people may be confined in prisons when they should legally and clinically be receiving treatment in secure hospitals. Verified national figures already account for nearly 1,000 such cases (including in Belgium, the Netherlands, and Sweden), indicating that the continent-wide total is almost certainly far higher.
A particularly important and under-explored dimension of this issue concerns the role of probation services. Across Europe, probation agencies frequently serve as intermediaries between courts, health services, and correctional systems. Their involvement in assessment, supervision, and diversion processes means they may be uniquely positioned to identify gaps and advocate for appropriate placements for mentally ill offenders. However, the extent of probation’s involvement varies significantly across jurisdictions, and there is a pressing need to better understand both current practices and potential opportunities for system improvement.
If you work in, or manage, a probation service anywhere in Europe and can provide insight into the situation faced by individuals with mental illness who remain in prison despite being designated for hospital treatment, your input would be extremely valuable.
Please contact:
Charlie Brooker
Royal Holloway, University of London
Charlie.brooker@rhul.ac.uk
Text written by Charlie Brooker
Related News
Keep up to date with the latest developments, stories, and updates on probation from across Europe and beyond. Find relevant news and insights shaping the field today.
New
Others
Applications for the Cambridge MSt in Applied Criminology, Penology and Management are now open
16/09/2026
The Institute of Criminology, Cambridge, have opened up applications for the MSt in Applied Criminology, Penology and Management in the next academic year.
Recap
Probation in Europe
CEP at the Leadership Conference 2026
14/09/2026
CEP Secretary General Jana Špero Kamenjarin was delighted to participate in the Leadership Conference 2026 of the Norwegian Correctional Service, held on 9–10 September in Oslo.
Recap
Foreign Nationals in Prison and Probation
Recap: Expert Group of CEP and EuroPris, on Foreign Nationals in Prison and Probation (FNPP)
14/09/2026
On 7 and 8 September 2026 the joint Expert Group of CEP and EuroPris, on Foreign Nationals in Prison and Probation (FNPP), came together in The Hague for a valuable exchange of ideas, experiences, and expertise on one of the most important challenges facing prison and probation services across Europe.
New
CEP
Newsletter August 2026 out now
27/08/2026
CEP’s latest newsletter is out now! It includes:
- Approaching deadlines for upcoming events (ITSCCS26, 14th EM and DG leadership training) and the Mental Health curriculum pilot)
- Call for European Probation Journal on the topic of Workload in Probation
- EU documents like SPACE II, revised Victims’ Rights directive and so on
- and much more!
New
Caseload and workload
Do you work in probation? We need your voice!
24/08/2026
As part of its long-standing cooperation with research, CEP invites its members to contribute to a special edition of the European Probation Journal on the topic of Workload in Probation.
New
Alternatives to pre-trial detention, Foreign Nationals in Prison and Probation, Gender Equality, Probation in Europe
SPACE II report is now available
24/08/2026
The use of community sanctions and measures that allow individuals to remain in the community – also known as alternatives to imprisonment – continues to grow overall in Europe, although at a moderate pace, according to the latest Council of Europe annual penal statistics on persons under the supervision of probation agencies (2025 SPACE II survey).
Subscribe to our bi-monthly email newsletter!
"*" indicates required fields
- Keep up to date with important probation developments and insights.