Clients suffering from any one or more of a variety of mental health disorders require specialised attention.
Nazaqat Maqsoom of Kangs Solicitors briefly outlines the nature of some mental disorders and the manner in which Courts deal with those accused of any crime whilst incapacitated in any manner.
The General Position | Kangs National Criminal Defence Advisory Team
- A mental disorder, referred to also as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning.
- Such disorders include:
Bi polar disorder
Autistic Spectrum disorders
- Defending a client suffering from a mental disorder can be extremely problematic given that medical professionals frequently disagree whether or not a person charged with an offence is suffering from any metal disorder rendering it uncertain whether or not the defendant is mentally competent to stand Trial.
Considerations For A Court | Kangs Solicitors Criminal Trial Preparation Team
- A Court will consider all available evidence.
- If it is decided that the defendant is not able to understand the meaning/nature of the criminal charge which has been raised, the defendant will be classed as unfit to plead.
- Medical reporting will be of the most intrinsic and personal nature, and, accordingly, it is essential that the legal team involved is totally conversant with the intricacies in order that suitable medical experts are instructed.
- Where a Judge decides that the defendant is unfit to plead or not fit enough to stand trial, a hearing goes ahead to determine whether the defendant has committed the alleged criminal offence. The Judge determines this on the basis of the evidence before him in a trial where verdicts of ‘guilty’ or ‘not guilty’ are not sought.
- If the judge concludes that the defendant has committed the alleged criminal act there are a number of sentencing options available to him under the Mental Health Act 1983.
How We Can Help | Kangs Offences With Medical Implications Defence Solicitors
Kangs Solicitors fields a team containing experts in assisting clients where medical disorders may be an issue.
If you require any advice then please do not hesitate to contact us through one of the following: