A Practical Guide to Mental Health in Criminal Law Cases

Introduction

Both prosecution and defence practitioners often navigate the complex and ever-evolving intersection of mental health and criminal law.

This interactive live session provides an easy to understand and practical guide for all criminal and mental health law practitioners.

As well as providing practical tips, this live session will include a comprehensive update in recent caselaw. It is aimed at barristers, solicitors, trainees, legal executives and paralegals who practise in the cutting-edge areas of criminal law and mental health.

What You Will Learn

This live and interactive course will cover the following:

• Fitness to plead and fitness to stand trial
• Considering early preparation steps required; Crim PR part 19 and instruction of independent experts
• R v Vinnell [2024] - ability of an individual with dementia and Alzheimer’s disease to give evidence at trial
• Use of expert evidence at trial
• Insanity and automatism
• Relevance to intention - R v Zhang [2025]
• Suggestibility, false confessions and learning disabilities - R v Campbell [2024]
• Diminished Responsibility - R v Bennis [2025]
• Fresh evidence in Criminal Appeals relating to mental health conditions and s.23 Criminal Appeal Act 1968 - R v Ogonowska [2025] and R v Ogonowska [2023]
• Mental health conditions and ‘relevant characteristics’ - for purpose of s.45 Modern Slavery Act 2015, statutory defence for victims of trafficking
• Adaptations at trial and use of intermediaries - preparation steps
• Mental Health and Sentencing
• Looking at the Sentencing Guideline - ‘Sentencing Offenders with mental disorders, developmental disorders or neurological impairments’
• R v Wheeler [2025] - impact of diagnosis of autism spectrum disorder, maturity and dangerousness
• Hospital Orders and Restriction Orders
• Breakdown of elements of s.37 and s.41 Mental Health Act 1983 (as amended)
• Application in R v Hamilton [2025]
• Differences between custodial sentences, hybrid orders under s.45A MHA 1983 and hospital and restriction orders (under s.37 and s.41 MHA 1983). Analysis of R v Valdo Calocane [2024]

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.