Tag: Effective participation
Guideline on sentencing offenders with mental health disorders
The Sentencing Council have published guidelines on sentencing offenders with mental disorders, developmental disorders or neurological impairments.
Court of Appeal judgment on the impact of mental health disorders and conditions on sentencing – R v PS and others
The Court of Appeal identified the various ways in which mental health conditions and disorders may be relevant to sentencing. The Court also addressed particular considerations when sentencing a child for a sexual offence.
Children, Courts and Video-link: An Update on the Guidance on Video Enabled Remand Hearings for Children
The YJB and HMCTS have published a paper which sets out principles and gives practical guidance on procedure for the use of video link in relation to proceedings involving children in police detention.
Report on video link first appearance remand hearings
A report on the evaluation of a tool which enables first appearance remand hearings in the magistrates' court with the defendant appearing by video link has been published. The tool has not been used for cases involving child defendants, however, it is being used to help courts function during the Covid-19 crisis and therefore many of the findings are immediately relevant.
Court of Appeal ruling on fitness to plead
R v Cooley  EWCA Crim 2648 A Court of Appeal judgment confirms the difficulty of getting a guilty plea set aside on the grounds that the appellant was unfit to plead. Details The appellant had, at age 19, committed various sexual offences against younger children. The offences generally involved the inappropriate touching of children the […]
A note on the age of criminal responsibility
Age of Criminal Responsibility, Parliamentary Office of Science and Technology (POST), June 2018 The Parliamentary Office of Science and Technology have published a note which considers whether the current age of criminal responsibility is appropriate by exploring international legal standards, scientific research on mental and moral development and alternative approaches to dealing with children in conflict […]
Court of Appeal judgment on joint enterprise and trials of vulnerable defendants
R v Grant-Murray and Henry; R v McGill, Hewitt and Hewitt  EWCA 1228 Five defendants, in two joined applications to appeal, challenged their convictions for joint enterprise murder. The appeals also raised issues as to how young or vulnerable defendants are dealt with by the court. Whilst the applications to appeal were all dismissed, the court made important comments on the training of practitioners representing children and vulnerable defendants in the criminal courts.
Inns College produce guidance and film for barristers representing children in criminal courts
The Inns of Court College of Advocacy (ICCA) has produced new guidance for practitioners representing children in the youth justice system. The materials are intended to help barristers comply with the Bar Standards Board's recently published ‘Youth Proceedings Competences’.
New judicial guidance for use of video links for child defendants
The amended Criminal Practice Directions 2015 give guidance to the courts and users about how to effectively and appropriately make use of live links and telephone facilities. The new section 3N contains guidance on how and when live links should be used for hearings and provides specific guidance for defendants aged under 18. The third amendment to the Criminal Practice Directions 2015 came into force on 31 January 2017.
CBA call for evidence: failure to appoint intermediaries
The Criminal Bar Association (CBA) has expressed concern about the amendments to the Criminal Practice Direction in relation to intermediaries. It has requested practitioners to share their experience of defendants who have been badly disadvantaged by the Court’s failure to appoint an intermediary.