Mental Health & Learning Disabilities in the Criminal Courts

Information for magistrates, district judges and court staff

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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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Email [email protected]
www.prisonreformtrust.org.uk

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www.rethink.org

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