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Tag: Effective participation

24 August 2018

Court of Appeal ruling on fitness to plead

R v Cooley [2018] 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 […]

28 June 2018

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 […]

15 August 2017

Court of Appeal judgment on joint enterprise and trials of vulnerable defendants

R v Grant-Murray and Henry; R v McGill, Hewitt and Hewitt [2017] 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.

31 March 2017

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.