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FIRST TIER TRIBUNAL (MENTAL HEALTH) RPP TRAINING THURS 1 JULY 2010

FIRST TIER TRIBUNAL (MENTAL HEALTH) RPP TRAINING THURS 1 JULY 2010. VICTIMS: MANAGING THEIR EVIDENCE USING THE RULES by Jonathan Gammon. AIM OF THIS SESSION. Refresh delegates on victim’s statutory rights; Identify issues relating to non-disclosure & attendance at the hearing;

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FIRST TIER TRIBUNAL (MENTAL HEALTH) RPP TRAINING THURS 1 JULY 2010

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  1. FIRST TIER TRIBUNAL (MENTAL HEALTH)RPP TRAINING THURS 1 JULY 2010 VICTIMS: MANAGING THEIR EVIDENCE USING THE RULES by Jonathan Gammon

  2. AIM OF THIS SESSION • Refresh delegates on victim’s statutory rights; • Identify issues relating to non-disclosure & attendance at the hearing; • How the HESC Rules and case law assist judges to manage these issues

  3. BACKGROUND • The Government’s commitment to victims • Code of Practice – April 2006 • Domestic Violence, Crime and Victims Act 2004 (“DVCV Act”) - Restricted cases covering disposals from 1 July 2005 • Schedule 6 MHA 2006 - Non-restricted cases covering disposals from 3 November 2008 • “Non – statutory” cases

  4. THE OFFENCES • “violent or sexual” • murder, attempted murder, manslaughter, assaults causing injury, child cruelty, robbery, • Rape, sexual assault, possession of indecent images of children (offences requiring the patient to “register”)

  5. THE DISPOSALS • Hospital order following: • Conviction • Finding of unfitness to plead • Verdict of “not guilty by reason of insanity” • Hospital and limitation direction and transferees under a transfer direction if the associated prison sentence is 12 months or more

  6. WHO IS THE VICTIM? “Victim” includes a dead or incapacitated victim’s family

  7. THE VICTIM’S RIGHTS • To be informed: • If patient to be discharged, • Conditions that relate to contact with the victim or his/her family, • Exclusion zones and non-contact - not patient’s address, • Any change to conditions, • If a restricted patient ceases to be subject to restrictions. • To make representations about conditions to which the patient should be subject when discharged

  8. 2 CATEGORIES & 2 SCHEMES • Restricted cases – patient still within Criminal Justice System so involvement of MHU and NOMS • Unrestricted cases - patient diverted from CJS so no MHU input; NOMS role very limited & much greater role for Hospital managers and RC’s.

  9. RESTRICTED CASE - Responsibilities • SOS references: MHU to provide details of the VLO • Patient’s applications: TSMH obtains details of relevant VLO from MHU • TSMH informs VLO of the date of hearing & date by which the victim’s reps should be received (normally 2-3 weeks) • VLO consults victim & forwards reps by specified date • TSMH caseworker sends reps to the panel & parties

  10. UNRESTRICTED – Responsibilities • VLO will identify the victim and, if they consent, pass details to MHAA’s • The MHAA’s will pass to TSMH any reps received from the victim • TSMH distribute reps to panel and parties

  11. NON-STATUTORY CASES • Offences disposed of before the relevant date • No action until victim contacts us • Receipt – logged and acknowledged • Inform victim of date & time of hearing • Refer to duty judge any other applications (e.g. disclosure) • Duty judge will make any necessary directions • HESC Rules provide for flexibility in who should be present & extent to which they can take part.

  12. NON-DISCLOSURE Rule 14 (2) – can prohibit if satisfied: • Such disclosure likely to cause serious harm; • Having regards to the interests of justice, that it is proportionate

  13. THE CASE LAW • Dorset Healthcare NHS Foundation Trust v MH [2009] UKUT 4 (AAC) – full disclosure should generally be given • Secretary of State v AF (No3) [2009] 3 WLR 74 – where non-disclosure impacts on the effectiveness of the challenge

  14. ATTENDANCE OF VICTIM AT A HEARING • Request to be handled as a preliminary matter under Rule 5 (3) e • VLO normally to accompany & MHAA needs to be informed

  15. NOTICE TO INTERESTED PERSONS • Rule 33 (e) “ to any other person who, in the opinion of the Tribunal, should have an opportunity to be heard”

  16. ENTITLEMENT TO ATTEND Rule 36 (2) Any person notified of the proceedings may: • Attend & take part “to such extent as the Tribunal considers proper” or • Provide written submissions

  17. REGULATING THE HEARING – Rule 38 • Tribunal may determine who is permitted to attend the hearing or part of it; or exclude • Any person whose presence is likely to prevent another from giving evidence; or • To give effect to a R14 direction; or • Where the purpose of the hearing would be defeated by the attendance of that person

  18. CODE OF PRACTICE – SECTION 18 • 18.19: Professionals to encourage patients to share info that will enable victims to be informed of progress & reduce danger of confrontations after discharge • 18.20: Professionals to discuss benefits of enabling some given to victims within the spirit of Code of Practice for Victims of Crime

  19. QUESTIONS • Please also see Guidance provided on the member’s website • Any further questions to: Jonathan.Gammon@judiciary.gsi.gov.uk • Telephone number: 0777 1345 319

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