Course description
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.
Presented by Olwen Davies, this course aims to equip you to deal with any such cases. It will cover a range of key topics including S37 (3) MHA - fact-finding hearings; case law and Criminal Procedure Rules; evidence of inability to participate; common failings in expert reports and CPR 19 (excluding expert evidence); explaining outcomes to victims and witnesses; and more.
Olwen is freelance solicitor-advocate with extensive experience in both defence and prosecution work from the magistrates' court to the Court of Appeal.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
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
Expenses
MBL Seminars Limited
MBL is a leading learning and development provider for professional service firms. Over the past 18 years, more than 198,000 people across 23,000 different organisations spanning 81 countries, have chosen us to deliver their training. With over 800 expert speakers...