Summary:
- You should ensure that all possible steps are taken to assist a vulnerable defendant to understand and to participate in court proceedings. Support for vulnerable defendants will vary from person to person.
- If you are in any doubt about a defendant’s ability to understand or to participate effectively in court proceedings, you should ask for further information and seek advice from your legal adviser.
- Under equality law, reasonable adjustments should be made to assist defendants with disabilities, as necessary.
- However, to date, there has been a lack of parity between support for vulnerable witnesses and vulnerable defendants.
- There are a number of practical steps that can be put in place to help ensure a defendants understanding of, and effective participation in, court proceedings and useful guidance is available.