Acquittal Secured For Vulnerable Mother Charged With Murder
Acquittal Secured For Vulnerable Mother Charged With Murder
Acquittal Secured For Vulnerable Mother Charged With Murder
Narita Bahra KC and Rachel Ferrari of 33 Chancery Lane secure acquittal of a vulnerable mother, with severe physical impairment, learning difficulties and a mental age under 12, charged with murder.
How do a defence team support a client with significant intellectual and mental impairment?
The onus on a defence team when representing a client with mental impairment, mental health issues and serious medical and physical impairment cannot be under-estimated. The stakes are high and often the accused has no ability to appreciate what is in their best interests and little understanding of the judicial process.
This case was complex and involved in excess of 20 expert witnesses.
This case highlighted the specialist and radical approach to trial preparation and supporting individuals when representing defendants with learning difficulties.
Assessment by a Consultant Clinical and Forensic Psychologist confirmed the presence of significant intellectual limitations, alongside idiosyncrasies in the client’s understanding and expression of emotions, and longstanding problems with depression and anxiety. She was also found to be susceptible to the processes associated with interrogative suggestibility; she was inclined to accept what others told her easily persuaded to change her mind.
Expert evidence was presented to the court to ensure the client was provided with the support she needed to follow proceedings and to engage in the process of giving evidence/taking part in cross examination. She was supported by an intermediary and adjustments made to assist during the trial.
Such clients may not recognise the relevance of points in their own defence or what is in their best interests. They are often not able to articulate the rationale behind unusual (but wholly innocent) behaviours, wrongly labelled as suspicious or indicative of guilt by the Prosecution. Sometimes the individual does not know, or have the ability to acknowledge, that they are vulnerable and/or open to be misled by others.
What should you do if you or a family member finds themselves in these circumstances?
Identify any potential learning difficulties or intellectual disability, and instruct an experienced legal team, in particular counsel. This the first step to de-coding the evidence and chronology, to truly understand the client’s defence. Counsel experienced in dealing with such vulnerable individuals will be able to identify and uncover defence points which the defendant may not have the ability to appreciate.
Through the appropriate instruction of experts (e.g. psychologists, psychiatrists, and intermediaries), the client can be provided with tailored support, enabling them to confidently articulate their defence and engage with their legal team.
That depth of understanding of the client’s perspective will then allow the advocate to present the client’s story successfully to the jury.
Narita Bahra KC and Rachel Ferrari of 33 Chancery Lane were instructed by Simone Sahota at Sahota & Sahota Solicitors.
Dr Harry Wood works independently through Grange Psychological Services.
Narita Bahra KC and Rachel Ferrari of 33 Chancery Lane secure acquittal of a vulnerable mother, with severe physical impairment, learning difficulties and a mental age under 12, charged with murder.
How do a defence team support a client with significant intellectual and mental impairment?
The onus on a defence team when representing a client with mental impairment, mental health issues and serious medical and physical impairment cannot be under-estimated. The stakes are high and often the accused has no ability to appreciate what is in their best interests and little understanding of the judicial process.
This case was complex and involved in excess of 20 expert witnesses.
This case highlighted the specialist and radical approach to trial preparation and supporting individuals when representing defendants with learning difficulties.
Assessment by a Consultant Clinical and Forensic Psychologist confirmed the presence of significant intellectual limitations, alongside idiosyncrasies in the client’s understanding and expression of emotions, and longstanding problems with depression and anxiety. She was also found to be susceptible to the processes associated with interrogative suggestibility; she was inclined to accept what others told her easily persuaded to change her mind.
Expert evidence was presented to the court to ensure the client was provided with the support she needed to follow proceedings and to engage in the process of giving evidence/taking part in cross examination. She was supported by an intermediary and adjustments made to assist during the trial.
Such clients may not recognise the relevance of points in their own defence or what is in their best interests. They are often not able to articulate the rationale behind unusual (but wholly innocent) behaviours, wrongly labelled as suspicious or indicative of guilt by the Prosecution. Sometimes the individual does not know, or have the ability to acknowledge, that they are vulnerable and/or open to be misled by others.
What should you do if you or a family member finds themselves in these circumstances?
Identify any potential learning difficulties or intellectual disability, and instruct an experienced legal team, in particular counsel. This the first step to de-coding the evidence and chronology, to truly understand the client’s defence. Counsel experienced in dealing with such vulnerable individuals will be able to identify and uncover defence points which the defendant may not have the ability to appreciate.
Through the appropriate instruction of experts (e.g. psychologists, psychiatrists, and intermediaries), the client can be provided with tailored support, enabling them to confidently articulate their defence and engage with their legal team.
That depth of understanding of the client’s perspective will then allow the advocate to present the client’s story successfully to the jury.
Narita Bahra KC and Rachel Ferrari of 33 Chancery Lane were instructed by Simone Sahota at Sahota & Sahota Solicitors.
Dr Harry Wood works independently through Grange Psychological Services.
Contact Narita Bahra KC
For More Information:
+ 44 (0) 203 196 7822
nbkc@33cllaw.com
© 2024 Narita Bahra. All Rights Reserved. Website Designed and Developed by Ada Studio
For More Information:
+ 44 (0) 203 196 7822
nbkc@33cllaw.com
© 2024 Narita Bahra. All Rights Reserved. Website Designed and Developed by Ada Studio
Contact Narita Bahra KC
Contact Narita Bahra KC
For More Information:
+ 44 (0) 203 196 7822
nbkc@33cllaw.com
© 2024 Narita Bahra. All Rights Reserved. Website Designed and Developed by Ada Studio
For More Information:
+ 44 (0) 203 196 7822
nbkc@33cllaw.com
© 2024 Narita Bahra. All Rights Reserved. Website Designed and Developed by Ada Studio
Contact Narita Bahra KC
For More Information:
+ 44 (0) 203 196 7822
nbkc@33cllaw.com
© 2024 Narita Bahra. All Rights Reserved. Website Designed and Developed by Ada Studio
For More Information:
+ 44 (0) 203 196 7822
nbkc@33cllaw.com
© 2024 Narita Bahra. All Rights Reserved. Website Designed and Developed by Ada Studio