Course description
The connection between the Mental Health Act and sentencing for offences is a sensitive area of the law. It is vital that practitioners have a full understanding of how mental health can impact on how a defendant is sentenced in order to approach cases of this nature with accuracy and confidence.
Barrister Sian Beaven presents this succinct and informative webinar which considers the sentencing options for clients that are deemed ‘fit to plead’ under the Pritchard test, the sentencing guidelines and the various non-custodial (hospital) orders and and hybrid orders under the Mental Health Act.
This will include a close analysis of Sections 37, 41 and 45A of MHA 1983.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
This webinar will explore the connection between the Mental Health Act and sentencing for offences.
The webinar will consider the sentencing options for clients that are deemed ‘fit to plead’ under the Pritchard test, the sentencing guidelines and the various non-custodial (hospital) orders and hybrid orders under the Mental Health Act.
What You Will Learn
This webinar will cover the following:
- The Pritchard Test and Fitness to Plead
- Is the test in R v Pritchard outdated for a modern day understanding of Mental Health conditions?
- Comparison with the test for capacity used in Court of Protection proceedings
- The Mental Health Sentencing Guidelines
- Use of an anonymised case example to demonstrate the interweaving of submissions for both an offence guideline and the ‘Sentencing Offenders with Mental Disorders, Developmental Disorders or Neurological Impairments’ which came into force October 2020
- Sections 37, 41 and 45A MHA 1983
- The requirements for each order to be made
- How long the orders endure for
- How they come to an end
- The importance of contact with hospital staff/consultants if the defendant is sectioned
- The importance of a sentencing note for the judge and carefully setting out your position in relation to the reports
- Case Law
- Practical tips
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...