LEARNING DISABLED PERSONS

December 21, 2018

The conviction of a vulnerable adult with a severe learning disability for the offence of sexual activity by a care worker with a person with a mental disability was unsafe, and was accordingly quashed, where inadequate consideration had been given to his learning disability in the course of the trial. Fresh psychological evidence demonstrated that he would have had difficulty in dealing with leading questions asked in cross-examination, and that might have left the jury with a false impression.

CRIMINAL APPEAL ACT 1968 s.23(2)(b) CRIMINAL EVIDENCE CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2015 Pt 19 r.19.6(2)(b) FRESH EVIDENCE JURY DIRECTIONS LEARNING DISABLED PERSONS MEDICAL EVIDENCE MENTALLY DISORDERED PERSONS SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.38 SOCIAL CARE WORKERS VULNERABLE DEFENDANTS

December 10, 2013

A jury’s findings on a trial of the facts that a defendant with severe learning difficulties who was unfit to plead had committed two offences of rape were safe, notwithstanding the fact that an extract of the defendant’s police interview had been wrongly admitted as evidence.

ADMISSIBILITY CASE MANAGEMENT CRIMINAL EVIDENCE CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2013 DEFENDANT WITH SEVERE LEARNING DIFFICULTIES AND UNFIT TO PLEAD EXTRACT OF POLICE INTERVIEW WRONGLY ADMITTED AS EVIDENCE ON TRIAL OF FACTS FINDINGS OF FACT FITNESS TO PLEAD LEARNING DISABLED PERSONS LUCAS DIRECTIONS MENTAL HEALTH MENTALLY DISORDERED OFFENDERS POLICE INTERVIEWS RAPE RAPE ALLEGATIONS SAFETY OF JURY’S FINDINGS SEXUAL OFFENCES AGAINST MENTALLY DISORDERED PERSONS

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