Chapter Fifteen.
The Trial of Mrs A I would not like it to be thought from the above that I was always successful and never made mistakes. Mrs A was a case where the mistake I made was quite appalling. It was alleged that she had hit her husband in the neck with a sword causing injury amounting to grievous bodily harm. I had estimated that a hospital order was likely but not one that would be an order without limit of time. When the CPS sought such an order I sought the advice of Joe Stone, (now a QC). Joe Stone was quick to point out that because of a psychiatric defence that I had completely overlooked that Mrs A should not have pleaded guilty at all. Acting on his advice the Court agreed to Mrs A changing her plea to not guilty and Mrs A was found not guilty and discharged. Even now I shudder at the fact that but for the intervention of Joe Stone Mrs A might have been in a secure hospital now completely dependent on the hospital consultants as to whether she might ever be released.
The Trial of K Tony K is a young man suffering from learning difficulties to the extent that he was found to be unfit to plead. He was accused of sexually touching a young lady also found to be suffering from learning difficulties. Had he been found fit to plead he would have had a defence of belief in consent which he could not advance as he had no right of audience. However another prosecution witness provided a statement which suggested that such a defence would have been available to Tony and the Court ordered an absolute discharge. The CPS had been invited not to proceed with the case but declined to do so. This was a case where the options open to the Court ranged from an absolute discharge to a hospital order without restriction of time. It was essential that Tony be represented and he would have been totally incapable of dealing with it on his own. As it was under legal aid the defence were able to obtain two psychiatrist’s reports without which the underlying issues would have been unknown to the Court. If the Criminal legal aid scheme should collapse it is the mentally incapable who will be the first casualties.
The Rise and Fall of Legal Aid
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