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Mental Health & Learning Disabilities in the Criminal Courts

Information for magistrates, district judges and court staff

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c. Practice direction

Despite lack of legislation, arrangements can be made to assist vulnerable defendants, and there is guidance in the Consolidated Criminal Practice Direction, 2011: treatment of vulnerable defendants. The direction outlines a range of measures that should be adopted, where appropriate, ‘to assist a vulnerable defendant to understand and to participate in ...proceedings’.

These include:

  • arranging for a defendant to visit the court room before a court hearing or trial so he or she can familiarise themselves with it
  • using ‘simple, clear language that the defendant can understand’
  • holding the proceedings in a court room in which all participants are on the same, or almost the same level
  • allowing the defendant to sit with members of their family and/or other supporting adults, and in a place where they can easily communicate with their legal representatives
  • restricting attendance by members of the public and reporters.

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