12/5/2023 0 Comments Current instanity defense lawA better appreciation of discrimination, reasonable adjustments and the public sector equality duty can be assisted by considering the social model of disability. This guidance addresses the critical issue of effective participation below. The PSED means the CPS as a public authority should identify disadvantages that disabled defendants may experience, and consider what steps could remove or minimise them, or what adjustments could be made. a public sector equality duty (PSED): section 149.a duty to make reasonable adjustments: section 20 and.a duty not to discriminate on grounds of disability: sections 13, 14, 15 and 19.They include alcohol dependency or addiction, a tendency to set fires, steal or physically/sexual abuse others, voyeurism and exhibitionism: see the Equality Act 2010 (Disability) Regulations 2010. However, certain conditions are not to be regarded as impairments for the purposes of the EA 2010. Section 6 of the Equality Act 2010 (EA 2010) states that a person has a disability for the purposes of the Act if they have a physical or mental impairment and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. "States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages." Section 6(1) of the Human Rights Act 1998 provides that it is unlawful for a public authority to act in a way which is incompatible with ECHR rights.Īrticle 13 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), adopted 2007, provides: Article 14 of the ECHR prohibits discrimination in the enjoyment of convention rights. Wider Legal Context – ECHR and Equality Act 2010Īrticle 6 of the European Convention on Human Rights (ECHR) protects the right to a fair trial and provides for certain minimum rights for those charged with a criminal offence. The use of the flag is not limited solely to any condition that was existing at the time an offence was committed but should also be added at any point during the proceedings where it is identified or a prosecutor is informed that a suspect or defendant has a mental health condition or disorder. FlaggingĬases involving a suspect or defendant with a mental health condition or disorder should be flagged accordingly on Case Management System (CMS). Outside the ambit of this guidance, prosecutors should have regard to the mental functioning of a suspect or defendant even where this is not reflected in a recognised condition: when assessing the suspect's mens rea when considering their maturity – in the case of young adults who continue to mature into their mid-twenties and in recognising neurodiversity, the variations in the human brain and the mental functions of suspects and defendants. Where this is the case, it will be important to understand the overall impact on the individual concerned. Multiple complex issues may be involved, for instance, personality disorder or post-traumatic stress disorder, combined with substance misuse. For example, autism is often diagnosed alongside other conditions, such as learning disabilities and/or difficulties. While some mental health conditions or disorders are distinct and easily defined, there are also crossovers and individuals may have a number of related conditions. Mental health conditions or disorders are not always a constant: they may fluctuate, including being different at the time of an alleged offence to the subsequent stages of any prosecution. The nature, extent and effect of the condition on an individual, together with the circumstances of the particular offence/s, should be considered on a case-by-case basis before making a charging decision. Individuals with the same underlying mental health condition or disorder may be affected in different ways. The fact that someone has a mental health condition or disorder may have a bearing on the decision to prosecute, but it may not. other mental health, cognitive or neuro-diverse conditions.a mental disorder, as defined by the Mental Health Act 1983 (MHA 1983).This guidance identifies the principles relevant to the decision to prosecute, and any prosecution which follows, of individuals who have disorders, disabilities, impairments, injuries and diseases, which relate both to the brain and the mind, including: Further information about specific conditions.Resuming a prosecution when a patient becomes fit to plead.General Case Management and Progression.Remand for defendants with a mental disorder.Wider Legal Context – ECHR and Equality Act 2010.
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