Fitness to Plead in The Magistrates Court - Update Your Knowledge

Introduction

This virtual classroom seminar examines the problems that occur in the Magistrates Court when the defence maintain that the defendant is unfit to be tried.

This is a complex area which can pose difficulties for advisors. There are often urban myths, misunderstandings and errors applying the law.

This course aims to equip you to deal with any such cases.

As a prosecutor, you have to balance the interests and rights of witnesses and victims with decision-making in this complicated area. This live session reflects the role of prosecutors as well as that of the defence.

What You Will Learn

This live broadcast will cover the following:

• S37 (3) MHA - fact-finding hearings - who decides whether to hold one? How do they reach the decision?
• Why it is rare for a defendant to be truly unable to participate at trial
• Allocation
• Case law and Criminal Procedure Rules
• Evidence of inability to participate
• Who commissions it?
• What tests should be applied?
• Common failings in expert reports and CPR 19 (excluding expert evidence)
• Revisiting the decision to hold a fact-finding hearing
• What are the court’s powers if someone is found to ‘have done the act’?
• No verdict means no sentence! Why many ancillary orders are unavailable after fact finding hearings
• Explaining outcomes to victims and witnesses

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.