Fitness to Plead and Intermediaries
Natasha Lloyd Owen Barrister
Emma Stuart Smith Barrister
25 Bedford Row

This seminar includes the procedures at the forefront of your advocacy and case management skills and is co presented by Natasha Lloyd Owen and Emma Stuart Smith both specialist criminal defence barristers of the Defence Specialists, 25 Bedford Row.

Preliminary Procedureand Fitness to Plead
Identifying the Issue at the Police Station
Put the Issue on the Custody Record
Diversion under Home Office Circular 66/90
S136 Mental Health Act and the Relevant Assessments
Identifying the Issue at First Appearance
Raise the Concern Early
Assessment at Court
Special Measures
Instruct the Psychiatrist Early
Criminal Procedure Insanity Act 1964
Domestic Violence Crime and Victims Act 2004
Pritchard 1836
R v John M
Six Part Test for the Court to Consider
Your Client Must be Able to Understand the Charges Against Him
Plead Guilty or Not Guilty
Exercise his Right to Challenge a Juror
Instruct Solicitors and Counsel
Follow the Course of the Proceedings
Give Evidence in his Own Defence
Burden of Proof
S12 MHA 1983
Instruct Registered Psychiatrist via Prior Authority
Counsel’s Advice
Background Work and Case Papers
Two Reports and Possible Third Report
Timing
Delay Must be Expedient and in interests of Accused
Your Client is Adjudged Unfit to Plead
The Court Appoints Counsel from Central Funds
Actus Reus Trial of Facts
Defences
Inadmissable Interview Evidence
Case Disposal and Article 6
Absolute Discharge
Supervision Order
Hospital Order
Acquital
Abuse of Process
Jurisdiction
Rv(P) Barking Youth Court 2002
Prosecution to Prove Conduct
Enquiry
Hospital Order S11(1) Powers of the Criminal Court Sentencing Act 2000
Guardianship Order S37 MHA 1983
Abuse of Process in the Youth Court
Key Points
Identify the Issues Early
Ensure Reports Secured at the Earliest Opportunity
Intermediaries for Defendants
Role of an Intermediary
CPR Duty to Give Best Evidence
Criminal Practice Direction 1. 3d and 1. 3f
Advocates Toolkit 16
What an intermediary does not do
Not Instructed as Expert Witness on Competence
Not an Appropriate Adult
Not an Interpreter
Not Advocates
Duty to the Court not the Defendant
Independent to all Parties
MOJ Registered and Private Non Registered Intermediaries
Soft merge
Applications for an Intermediary and Funding
Prior Authority
Advice
Reports
LAA Refusal and Central Funds
Special Measures and Part 18 CPR
Psychiatric Report and Assessment
s33 b a Youth Justice and Criminal Justice Act
Crown v (C) Sevenoaks Youth Court
Crown v Cox
Instructing an Intermediary
Start the Process Early at Police Station or First Hearing
Groundrules Hearing
Dates to Avoid
Client Care
Language
Procedure
Familiarisation
Recap
Criminal Practice Direction 1. 3d and 3f
Advocates Toolkit 16

For further information on these topics or to contact
Natasha Lloyd Owen or Emma Stuart Smith please do so via their Clerks

clerks@25Bedfordrow.com

25 Bedford Row the Defence Specialists
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