The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.
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The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.
ASSESSMENT OF COMPLAINANT’S MENTAL CAPACITY BURDEN OF PROOF CONSENT CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE (INSANITY) ACT 1964 s.4A EXPERT WITNESSES MENTAL CAPACITY MENTAL CAPACITY ACT 2005 s.2 MENTAL HEALTH PERSONS LACKING CAPACITY s.1 s.1(2) s.2(1) s.2(4) s.30 s.30(2)(a) s.31 s.31(2)(a) s.32 s.32(2)(a) s.33 s.33(2)(a) s.4 s.4(5) s.42 s.44 s.74 s.75 s.76 SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.3 SEXUAL OFFENCES INVOLVING PROOF OF LACK OF CONSENT STANDARD OF PROOF
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
In determining under the Criminal Procedure (Insanity) Act 1964 s.4A(2) whether a defendant, who was unfit to stand trial, was guilty of voyeurism the jury had to be satisfied that he had deliberately observed another person doing a private act for the purpose of his own sexual gratification.
ACTUS REUS AUTISTIC OFFENDER UNFIT TO PLEAD OR STAND TRIAL CRIMINAL LAW CRIMINAL PROCEDURE CRIMINAL PROCEDURE (INSANITY) ACT 1964 s.4A(2) ELEMENTS OF OFFENCE TO BE PROVEN FOR PURPOSE OF S.4A(2) CRIMINAL PROCEDURE (INSANITY) ACT 1964 FITNESS TO PLEAD INSANITY MENTAL HEALTH Pt 2 s.104 s.104(1) s.104(1)(a) s.104(1)(b) s.104(3)(b) s.110(1)(b) s.2(1) s.3 s.4 s.4(5) s.4(5)(6) s.4A s.5 s.5(1)(a) s.5(2)(b) s.67 s.67(1)(b) s.68(1) s.68(1)(a) s.80(1)(c) s.82 Sch.3 SEXUAL OFFENCES ACT 2003 s.67(1) TRIAL OF LUNATICS ACT 1883 s.2 VOYEURISM
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