intellectual disabilities.24 The stigma associated with mental health disorders in Chinese society helps account for the lack of awareness. Chinese law does not consider whether mental disabilities may affect a person’s fitness for interview and there is no requirement that protective measures are available to ensure that interviews are conducted in an appropriate manner. There are reports that forensic psychiatric services in some provinces have begun to consider assessing fitness for interview. The 2012 revision to the Criminal Procedure Law introduced a provision (Art.34(2)) to designate legal counsel for mentally ill defendants, if they have failed to appoint a defence lawyer. Given some of the difficulties identifying mental disabilities and lack of detail regarding the provision of legal aid, implementation of this provision is understood to be poor, particularly during the important investigation stage. There is a significant risk that suspects with mental disorders will be vulnerable to oppressive and misleading interviewing by the police. There is a poor understanding of mental illness among police, procuratorate and courts. We have seen many reports of cases where judicial personnel have refused a mental health assessment because the person appears normal. Stereotypes of mental illness often seem to inform decision making. Lawyers, too, have little knowledge of mental illness or how they may identify the need for a mental health assessment. Without more expertise, including in social investigations and interview skills, lawyers will find it difficult to persuade the authorities of the need for an assessment. Mental health assessments Only the police, procuratorate and court have the authority to order a mental health assessment. This can be made at any stage of the criminal procedure although research suggests that it is most likely to be ordered by the police at the investigative stage, at least particularly in relation to more minor offences where the police may have an interest in using the diagnosis of mental illness to discontinue the case. The defence may apply for a supplementary or new mental health assessment if they have concerns with the original assessment. The defence are expected to provide some justification for requesting an additional assessment, but the judicial agencies do not have to approve the defence request. Where a mental health assessment has not been carried out the defence can request this to take place, but, depending on the stage of the criminal proceedings, the decision to proceed lies with the corresponding agency. The victim or victim’s family are also entitled to request a new assessment. There are no specific procedures for mental health assessments in death penalty cases, but internal documents in some provinces indicate that requests for mental health assessments by defence lawyers in capital cases will generally be approved. It is understood that Beijing and Guangdong courts require mental health assessments in all death penalty cases. There is some evidence to suggest that most mental health assessments in death penalty cases take place in the second instance courts or at the SPC review. 24 Jiang, Lilou. ‘Accessibility of Psychiatric Assessment for Capital Crime Offenders with Mental Illness in China.’ Journal of Law and Criminal Justice, June 2017. Vol.5, No.1 pp. 1-10. https://doi.org/10.15640/jlcj.v5n1a1 24