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01 February 2007 / B Mahendra
Issue: 7258 / Categories: Features , Employment , Mental health
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Doc Brief

INJUSTICE AND MENTAL DISORDER >>
DEFICIENT DOCTORS >>
HIGH-RISK PATIENTS >>
CARE WORKERS’ RIGHTS >>

DIMINISHED CREDIBILITY

It is undeniable that where mental disorder is concerned there is always significant scope for abuse and, therefore in criminal proceedings, injustice. Psychiatric disorder is still diagnosed on largely subjective grounds, mostly on what a patient tells, or keeps from, a doctor.
The matter is of some importance in cases of homicide where mental disorder may form the basis for the partial defence of diminished
responsibility which, if successful, reduces murder to manslaughter. R v Latus [2006] EWCA Crim 3187, [2006] All ER (D) 280 (Dec)
offered the opportunity to explore the vexed issue of second thoughts in defence pleas.

The appellant had been convicted of murder in 2003. The victim had been a friend of the appellant who suffered from mental illness, apparently drug-induced psychosis. The victim had been killed, his head severed from the body and the body then transported elsewhere by car. The appellant had also been convicted of other serious criminal offences including manslaughter,

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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