Fitness to Plead. Intermediaries

Fitness to Plead and Intermediaries

Natasha Lloyd Owen Barrister

Emma Stuart Smith Barrister

25 Bedford Row

 

This seminar includes the procedures at the forefront of your advocacy and case management skills and is co presented by Natasha Lloyd Owen and Emma Stuart Smith both specialist criminal defence barristers of the Defence Specialists, 25 Bedford Row.

 

Preliminary Procedureand Fitness to Plead

Identifying the Issue at the Police Station

Put the Issue on the Custody Record

Diversion under Home Office Circular 66/90

S136 Mental Health Act and the Relevant Assessments

Identifying the Issue at First Appearance

Raise the Concern Early

Assessment at Court

Special Measures

Instruct the Psychiatrist Early

Criminal Procedure Insanity Act 1964

Domestic Violence Crime and Victims Act 2004

Pritchard 1836

R v John M

Six Part Test for the Court to Consider

Your Client Must be Able to Understand the Charges Against Him

Plead Guilty or Not Guilty

Exercise his Right to Challenge a Juror

Instruct Solicitors and Counsel

Follow the Course of the Proceedings

Give Evidence in his Own Defence

Burden of Proof

S12 MHA 1983

Instruct Registered Psychiatrist via Prior Authority

Counsel's Advice

Background Work and Case Papers

Two Reports and Possible Third Report

Timing

Delay Must be Expedient and in interests of Accused

Your Client is Adjudged Unfit to Plead

The Court Appoints Counsel from Central Funds

Actus Reus Trial of Facts

Defences

Inadmissable Interview Evidence

Case Disposal and Article 6

Absolute Discharge

Supervision Order

Hospital Order

Acquital

Abuse of Process

Jurisdiction

Rv(P) Barking Youth Court 2002

Prosecution to Prove Conduct

Enquiry

Hospital Order S11(1) Powers of the Criminal Court Sentencing Act 2000

Guardianship Order S37 MHA 1983

Abuse of Process in the Youth Court

Key Points

Identify the Issues Early

Ensure Reports Secured at the Earliest Opportunity

Intermediaries for Defendants

Role of an Intermediary

CPR Duty to Give Best Evidence

Criminal Practice Direction 1. 3d and 1. 3f

Advocates Toolkit 16

What an intermediary does not do

Not Instructed as Expert Witness on Competence

Not an Appropriate Adult

Not an Interpreter

Not Advocates

Duty to the Court not the Defendant

Independent to all Parties

MOJ Registered and Private Non Registered Intermediaries

Soft merge

Applications for an Intermediary and Funding

Prior Authority

Advice

Reports

LAA Refusal and Central Funds

Special Measures and Part 18 CPR

Psychiatric Report and Assessment

s33 b a Youth Justice and Criminal Justice Act

Crown v (C) Sevenoaks Youth Court

Crown v Cox

Instructing an Intermediary

Start the Process Early at Police Station or First Hearing

Groundrules Hearing

Dates to Avoid

Client Care

Language

Procedure

Familiarisation

Recap

Criminal Practice Direction 1. 3d and 3f

Advocates Toolkit 16

 

For further information on these topics or to contact

Natasha Lloyd Owen or Emma Stuart Smith please do so via their Clerks

 

[email protected]

 

25 Bedford Row the Defence Specialists

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