Supporting vulnerable defendants summary

Summary:

You should ensure that all possible steps are taken to assist a vulnerable defendant to understand and to participate in court proceedings.
If you are in any doubt about a defendant’s ability to understand or to participate effectively in court proceedings, you should ask for further information and seek advice from your legal adviser.
There are a number of practical steps that can be put in place to help ensure a defendants understanding of, and effective participation in, court proceedings and useful guidance is available.
Support needs for vulnerable defendants will vary from person to person.
Under equality law, reasonable adjustments should be made to assist defendants with disabilities, as appropriate.

Further reading:

Consolidated Criminal Practice Direction, 2011: treatment of vulnerable defendants. Note: a revised version of the CCPD is forthcoming; expected publication date, 2013/14.
Equal Treatment Bench Book (ETBB), chapter 5: disability overview (Judicial Studies Board, 2009). Note: a revised version of the ETBB is forthcoming; expected publication date, 2013.
Fairness in Courts and Tribunals – a summary of the Equal Treatment Bench book (Judicial College, 2012)
Fair Access to Justice pages 12-16 (Talbot, 2012).
The Advocate’s Gateway Toolkit 8, Effective participation of young defendants; and section 7, Defendant intermediaries: the position at common law. www.theadvocatesgateway.org

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