Mental Fit Produktbeschreibung
Genau hier kommt Sanaponte Mental Fit ins Spiel. Unser meistverkauftes Nahrungsergänzungsmittel bietet Ihnen wichtige Nähr- und Vitalstoffe, die Ihren. Unsere Trainer Sophia & Daniel haben die besten 5 Tipps, wie du auch mental fit wirst. Die richtigen Ziele und eine gesunde Portion Selbstlob gehören dazu! Was ist mentale Power? Motivation, Entschlossenheit, Ausdauer und mehr. Sowohl entspannt, als auch konzentriert, zielklar und voller Kraft. Wer ist wirklich mental fit? Tempel der mentalen Fitness Reale Lebensqualität ergibt sich aus der Summe dieser fünf Säulen des Anwendens mentaler Strategien. Mental Fit» Thema in unserer Gesellschaft» Mental stark sein, bedeutet gedanklich stark sein» Mentales Training um Ihr Potential auszuschöpfen.
Sanaponte Mental Fit - Kapseln - 30 Tagesportionen - Nahrungsergänzungsmittel - hochdosierte Aminosäuren, Vitamine, Mineralstoffe, Spurelemente. mental fit & firm. Gruppencoaching zur mentalen Stärke. Mental stark mit Belastungen und Herausforderungen umgehen. Mental starke Menschen können Ihr. Der Dr. Dünner Mental-Fit Saft mit Aronia, Cassis, Gerstengras & B-Vitaminen trägt durch die enthaltenen Vitamine B2, B6 und B12 zu einem normalen.
Mental Fit NahrungsergänzungsmittelWomit wir uns alle das Leben schwer machen! Saft Beste Spielothek in Ostorfer Hals finden sehr gut und hält, was er verspricht: man fühlt sich fitter. Mental Fit — im Bergischen Land. Ich fühle mich durch den Saft fitter und weniger müde! Ihre Blockaden aufzulösen und das Denken in positive und konstruktive Bahnen zu lenken. Auswählen, um nach Bewertungen mit 3 Sternen zu filtern. Produktmerkmale Produkteigenschaften: Laktosefrei, Vegan, Vegetarisch. Section 4A 2 Criminal Procedure Insanity Act provides that a finding of unfitness will have the effect that the trial "shall not proceed or proceed further". This means that the person will have difficulties understanding, learning and remembering new Craze Deutsch, and in generalising any Lotto KГјndigen to new situations. Excellent mix of theory and action, great opportunity to share experiences. Is Beste Spielothek in Hackerberg finden team a group of individuals, a performant team or a dream team? Where the procedure under Section 23 Mental Fit the Prosecution of Offences Act is used to discontinue some but not all charges, a copy of the Notice of Discontinuance should be sent to the hospital concerned, making it clear that the proceedings are continuing.
You may think that multitasking enables you to get more things done at once, but it actually creates more problems than it solves.
Focusing on one task at a time will improve your concentration and help you to be more productive. Affirmation, or talking to yourself in a positive way, involves strengthening neural pathways to bring your self-confidence, well-being, and satisfaction to a higher level.
To start, make a list of your good qualities. Set goals for what you want to improve and start small to avoid becoming overwhelmed.
New experiences can also set you on the path to mental fitness. You can fit new approaches into your daily life in a variety of ways:.
Doing new things in new ways appears to help retain brain cells and connections. It may even produce new brain cells.
In essence, breaking out of your routine can help keep your brain stay healthy. Games that test reasoning and other portions of your brain are fun ways to keep your mind sharp.
Consider these games:. Games are a great way to build up your brain muscle. Even fast-paced action video games may boost your ability to learn new tasks, according to a study in the journal Current Biology.
The study found tentative evidence that video games may increase your attention span, reaction time, and task-switching ability.
In addition to video games, try any game that employs the use of:. Reading is great for your brain. Beyond the mechanics, reading helps you visualize the subject matter on the pages before you, and imagine what voices sound like in the written dialogue.
This can also be a great relaxation technique. Reading is a great activity because it can stoke the imagination and ignite so many different parts of the brain.
There are endless genres and types of reading material. Spending a few minutes on it every day can help you feel better and think more clearly.
Remember that relaxation and visualization are just as important in a mental workout as the more energetic activities, such as memory exercises or game-playing.
Information about a therapy, service, product or treatment does not in any way endorse or support such therapy, service, product or treatment and is not intended to replace advice from your doctor or other registered health professional.
The information and materials contained on this website are not intended to constitute a comprehensive guide concerning all aspects of the therapy, product or treatment described on the website.
All users are urged to always seek advice from a registered health care professional for diagnosis and answers to their medical questions and to ascertain whether the particular therapy, service, product or treatment described on the website is suitable in their circumstances.
Show search toolbar. Navigation Home Close Menu. Conditions and treatments Conditions and treatments. Allergies Allergies. Allergic reaction to packaged food.
Behavioural conditions. Birth defects. Blood and blood vessels. Bones muscles and joints Bones muscles and joints. Foot care - podiatrists. Brain and nerves.
Complementary and alternative care. Healthy living Healthy living. Babies and toddlers Child health Children Drugs and addictive behaviours.
Environmental health. Family Violence. Older people in hospital — Get well soon. Health checks. Healthy Eating Healthy Eating.
In some cases the prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution.
The factors in paragraphs 4. Alongside the other factors relevant to a suspect's culpability, the Code provides for this in relation to a suspect's mental health:.
However, prosecutors will also need to consider how serious the offence was, whether the suspect is likely to re-offend and the need to safeguard the public or those providing care to such persons.
Accordingly, in reaching decisions to prosecute in cases where mental health or disability is a live issue should firstly consider any evidence concerning the nature and degree of the defendant's mental ill health or disability, and the relationship between this and their conduct, and reach a preliminary view on culpability.
Prosecutors should also consider the impact of a prosecution where there is evidence of its likely interaction with a suspect's mental health, particularly in a case where there is evidence that it can be exacerbated, or it is degenerating.
It requires an assessment of the overall seriousness of the offence which will depend on the facts and merits of each individual allegation.
Violent, sexual or offences involving weapons, save for the most minor, are likely to be serious; dishonesty or public order offences may require more careful assessment.
The Code provides at 4. An assessment of the likelihood of repetition should be informed by evidence addressing the following if possible:.
The evidence should also address the risk of causing harm to others. A prosecution is more likely to be in the public interest where the risk of harm to others through reoffending is high.
Prosecutors should consider what weight to attach to seriousness, likelihood of reoffending and the need to safeguard and reach a conclusion considering these in the round.
Prosecutors should also take into account any evidence of an adverse impact on the suspect's health or disability of a prosecution.
It does not serve public confidence in the administration of justice to pursue proceedings which are likely to have a significant detrimental impact on the health of the defendant, including the proceedings themselves as well as any likely sentence.
Prosecutors should take into account the views expressed by the victim about the impact that the offence has had. The circumstances of the victim are highly relevant, including whether the victim was a person serving the public at the material time and whether the victim was the subject of a hate crime.
The likelihood of a nominal penalty or other order in particular, if that is the likely outcome of a not guilty by reason of insanity verdict, a finding that a defendant who is not fit to plead did the act alleged, or of the court ordering treatment which the defendant is already receiving will not necessarily be determinative.
Prosecutors should have regard to the following:. Prosecutors should test the suggestion that a nominal penalty is likely, in appropriate cases.
For instance, a defendant's treatment may be ongoing whether a prosecution follows or not and so any further order may appear to be nominal.
However, the finding of a court of the commission of a crime during the course of that treatment may inform the future treatment and management of an offender than if the case is not proceeded with.
A finding or conviction can have a bearing on forensic risk assessments of a patient, as without such a finding or conviction it may be argued, for example at a tribunal hearing where discharge is sought, that there is no evidence of the commission of an alleged offence.
Prosecutors may also have regard to other orders which may be available upon conviction, including restraining orders also available upon acquittal — but not where the defendant is unfit to plead or following a special verdict and criminal behaviour orders.
Prosecutors should consider carefully the position where a defendant has been receiving treatment for a long period of time, the hospital order will continue but no further treatment is required, as to whether a prosecution remains proportionate.
Where a nominal penalty is likely but a prosecution is nonetheless to follow this must be clearly set out when authorising charge and explained to the court.
Cases should be kept under continuing review, and if there is a change of circumstance particularly a decision is likely to be revisited, but equally it is important to proceed with cases and avoid unnecessary adjournments where, notwithstanding a likely nominal penalty, a prosecution is to proceed.
See further the CPS legal guidance on nominal penalties. They should ensure that the appropriate evidential standard for the specific out-of-court disposal is met including, where required, a clear admission of guilt, and that the public interest would be properly served by such a disposal.
A conditional caution will not be appropriate if there is any doubt about the reliability of any admissions made or if the suspect's level of understanding prevents them from understanding the significance of the conditional caution and giving informed consent.
This is the case with any offender. A mental health condition or disorder should however not render a suspect ineligible for conditional cautioning.
When such a disposal appears to be in the public interest, information and advice should be sought from the Liaison and Diversion Service liaison or other reliable source, and any suitable steps should be taken to enable an offender with mental health issues to understand the significance of the caution and give informed consent.
This may include assisting the police to articulate the requirements clearly, either in the terms in which it is expressed or in consider alternative means of communicating.
An admission in police interview is not required provided the suspect admits the offence at a later stage and agrees to diversion: prosecutors should be especially mindful of this when considering the position of a person with a mental health condition in a police interview.
Fundamentally, effective diversion should be as available to those with mental health conditions as with all defendants.
Prosecutors should consider in appropriate cases whether issuing a conditional caution meets the public interest in a case.
They should be aware of rehabilitative, community resolution or restorative initiatives available on a local basis, making enquiries through the police where appropriate to establish the position.
Conditional Cautions are intended to be a swift and effective means of dealing with straightforward cases. Wherever possible, the decision to administer a Conditional Caution should be made as early as possible and while the offender is still in custody, although in some cases they may need to be bailed.
Information may come to light after charge and notwithstanding the case is before the court, defendants who on this new information ought to receive a Conditional Caution should be offered this disposal.
The imposition of a Conditional Caution is a serious matter. It forms part of the offender's criminal record and may be cited in subsequent court proceedings.
Prosecutors should be careful not to 'up-tariff' an offence in a misplaced effort to provide assistance to an offender.
For example, it would not be appropriate to authorise a Conditional Caution in circumstances where no further action or another form of diversion is available.
Priority consideration should be given to reparation or compensation for the victim of crime in a manner that is acceptable to the victim.
Individual victims should, where possible, be consulted and suitable conditions canvassed. Any conditions involving the participation of a victim including receiving a letter of apology from the offender or making a claim for compensation, should not be required unless the victim has been consulted and agrees.
Payment of financial reparation should only be included where the victim has requested this. Rehabilitative conditions are designed to tackle offending behaviour and rehabilitate the offender.
They must be clear in terms of what is expected, for instance, the number of sessions to be attended over a period of time.
This is so that the police and the offender are clear what constitutes compliance and non-compliance, particularly as non-compliance may result in prosecution.
Where a conditional caution is inappropriate, prosecutors may consider other alternatives, such as restorative justice, community resolutions, Penalty Notices for Disorder.
There is a separate framework for those under see the Youth Justice legal guidance. Otherwise, the only alternative diversion to prosecution is to take no further action.
The service can then support people through the early stages of the criminal system pathway, refer them for appropriate health or social care or enable them to be diverted away from the criminal justice system into a more appropriate setting, if required.
Identification: Criminal justice agencies working at the police and court stages of the pathway are trained to recognise possible signs of vulnerability in people when they first meet them.
It also helps determine whether further assessment is required. This provides more information on a person's needs and also whether they should be referred on for treatment or further support.
A person is also supported to attend their first appointment with any new services and the outcomes of referrals are recorded.
Regional NHS England contacts can be found here and case studies with videos on how the scheme works can be found here.
Section 35 Mental Health Act sets out the provisions for the magistrates' court and the Crown Court to remand a defendant to hospital in order for a mental condition report to be prepared.
In the magistrates' court, this is post-conviction or a finding of fact or with the defendant's consent; in the Crown Court the remand may be at any stage.
A person can be remanded if the court is satisfied, on the written or oral evidence of a registered medical practitioner, that there is reason to suspect that the accused person is suffering from a mental disorder and the court is of the opinion that it would be impracticable for a report on his mental condition to be made if they were remanded on bail.
A court shall not remand an accused person unless it is satisfied that arrangements have been made for the defendant's admission to hospital within seven days of the remand.
The court can direct that the person is conveyed to and detained in a place of safety as defined by section Mental Health Act pending admission to hospital provided that arrangements have been made for his admission to hospital within seven days of the remand section 35 4 Mental Health Act If the remand is before a conviction then the Custody Time Limit will continue to run and it may be necessary to apply to extend the Custody Time Limit pending the preparation of a report.
Section 36 Mental Health Act contains the provisions for an accused to be remanded to hospital for treatment, pending trial or sentence.
This applies only to defendants appearing in the Crown Court. In the magistrates' court there is provision in section 37 3 to make a hospital order in respect of a defendant who has not been convicted.
If the remand is before conviction or the start of a trial, Custody Time Limits will continue to apply. This power may be used in cases where the defendant might otherwise be found unfit to plead, to enable a defendant to receive treatment prior to trial, which may then proceed at a later date when the condition of the defendant has improved.
Prosecutors should ensure that the court is in possession of all relevant information at every hearing at which bail is considered and be alert to the possibility that a defendant who would otherwise have been the subject of an application to remand into custody could be released from hospital whilst criminal proceedings are ongoing.
Where a defendant is to be tried in the magistrates' court and is subject to a Custody Time Limit of 56 days, prosecutors should invite the court to set a date within the CTL for a trial or finding of fact hearing: there may need to be an adjournment or adjournments during which time the defence will seek a medical report but sight must not be lost of the CTL.
The CTL will cease when a court begins enquiring into the facts of a case at a "finding of fact" hearing. Where a defendant is remanded to a hospital, prosecutors should seek if possible to assist the court and the management of the defendant by ensuring that any order specifies the unit as well as the hospital to which the order applies, particularly if a medium or high security unit is appropriate for the remand.
Where the defence indicate that a report is to be obtained in respect of their client, a trial date which may become a finding of fact hearing should nonetheless be identified and a case management hearing set down in the interim to ensure the report has been obtained and whether or not it is to be served upon the prosecution.
All parties should ensure that progress is made with the obtaining of a report and avoid unnecessary hearings, seeking directions and providing updates to the court in correspondence instead.
Notwithstanding the fact that the CPS will consider the specific facts and merits of a case subject to the duty of continuing review, prosecutors may need to indicate an intention to proceed with the case even if a finding of fact hearing is to follow and that a custody time limit extension may be sought.
Prosecutors should draw the court's attention to statutory provisions for timescales - such as those in section 11 2 Power of Criminal Courts Sentencing Act Prosecutors should note the provisions of Criminal Practice Direction I General Matters: 3P Commissioning Medical Reports , in particular the court's power to commission of its own volition; the importance of the prosecution and other parties' informed representations on this matter; the need for precision as to the matters it will address; and the timescales and procedure provided for effective case management.
Where a defendant is charged with a serious offence, it may be appropriate with the agreement of the defence and the court to seek a first hearing and Plea and Trial Preparation Hearing on the same date, if both can be effective whereby the Crown Court judge sits as a magistrates' court for the first hearing pursuant to section 66 Courts Act This may be appropriate in cases where the defendant is seriously ill in order to avoid them attending two separate venues unnecessarily on two separate occasions.
Allocation or sending must take place with the defendant present. Every effort to secure reasonable adjustments should be made for the defendant to participate effectively at such hearings.
Whilst the sending may be a formality, the court will seek to ensure that the defendant or otherwise their representative can make representations as to venue where the offence may be tried in the magistrates'; court or the Crown Court.
There are, however, cases where defendants are not fit to plead and to participate in their criminal trial. The question of fitness to plead shall be determined as soon as it arises, unless the court is of the opinion that it is expedient to do so and it is in the interests of the accused to postpone consideration of fitness to be tried until any time up to the opening of the case for the defence ss 4 4 and 4 2.
A judge must determine if the defendant is fit to plead. This is a determination on the balance of probabilities if the defendant raises the issue, or if they contest it then it is for the prosecution to satisfy the court beyond a reasonable doubt R v Robertson  1 WLR There must be written or oral evidence by two or more registered medical practitioners, at least one of whom is approved by the Secretary of State, that the defendant is incapable of:.
Modifications to the trial process and special measures may be relevant to this assessment see Effective Participation , above.
If the judge finds the defendant to be fit to plead, then the trial proceeds. Medical evidence is only required for a determination of unfitness.
If the judge finds the defendant to be unfit to plead, then a jury will determine whether or not the defendant did the act or made the omission alleged, without consideration of the defendant's mens rea.
The distinction is not always clear-cut. However, defences based on mens rea lack of intent, diminished responsibility are therefore not to be left to the jury: Grant  EWCA Crim , whereas self-defence, mistake or accident can be where objective evidence raises them as an issue: Antoine  1 AC This hearing is not a trial: section 4A 2 A provides that upon a finding of unfitness that a trial should "not proceed or further proceed".
If not satisfied to the criminal standard, the defendant shall be acquitted; otherwise the defendant upon such a finding shall receive one of the orders outlined in section 5 2 Criminal Procedure Insanity Act Note the reference to orders.
The hospital order with restriction is not a disposal. It pauses the criminal prosecution until such time that the defendant is fit to plead.
In this circumstance, the Secretary of State has a power to remit the case back to court for a criminal trial. The case of Norman  EWCA Crim stressed the need for careful case management once fitness to plead has been raised, to ensure that full information is provided to the court, to avoid delay and to consider who most appropriately should be appointed to put the case for the defence.
The Criminal Procedure Insanity Act does not apply in the magistrates' court and youth court. A youth court is a magistrates' court within the meaning of section 37 3 Mental Health Act which provides:.
Section 37 3 applies only to those defendants with a 'mental disorder', and so does not, for example, apply to those defendants with a learning disability whose behaviour is not associated with abnormally aggressive or seriously irresponsible conduct section 1 2A and 2B Mental Health Act It does not apply to non-imprisonable offences.
It is unlikely to be in the public interest therefore to prosecute a defendant who is unfit to plead and faces a non-imprisonable allegation.
The only available disposals under section 37 3 are a hospital order or a guardianship order. Prosecutors must articulate the rationale for proceeding where such orders are not likely but the imprisonable allegation is to be proceeded with on public interest grounds.
In Barking the court said that the procedure is first to determine whether P did the acts alleged, and if so, then to consider, in the light of such reports as they may think necessary, whether the case is one for an order under section 37 3 of the Mental Health Act If the court finds that that the defendant did the act then it should consider whether to seek further medical evidence with a view to making an order under the Act.
Note that these provisions apply to summary only and either way offences. It is permissible for a hearing which begins as a criminal trial to switch to a 'fact finding' inquiry see Crown Prosecution Service v P  EWHC Admin , where the High Court held that where the court decided to switch from a criminal trial into an inquiry as to whether or not the defendant has done the act, it might consider the switch at any stage.
Equally, a court may hold a full criminal trial where, having determined that a 'fact finding' inquiry is appropriate, further evidence becomes available to indicate that this is the appropriate course.
It is likely that the court process will have the following features in common with the procedure in the Crown Court:. Notwithstanding what was said in Barking , there will be cases where no hospital or guardianship order will be appropriate.
This amplifies the importance of effective participation and clarity about the public interest in prosecution. The starting point should be that a defendant should, wherever possible, face a normal criminal trial.
This engages the right to a fair trial and provides for a robust and open consideration of the evidence with the broadest range of outcomes available at sentence.
Every effort should be made, using reasonable adjustments, to ensure a defendant can wherever possible participate effectively in such a trial.
Departing from this should be a last resort. Prosecutors should be aware of measures to assist vulnerable defendants, including defendants with a mental disorder, in the court process.
This includes enabling a witness or defendant to give their best evidence, and enabling a defendant to comprehend the proceedings and engage fully with his or her defence.
The pre-trial and trial process should, so far as necessary, be adapted to meet those ends. Under the Equality Act where defendants meet the definition of disability, as set out in section 6 1 of the Act, prosecutors should be aware that they may be entitled to reasonable adjustments under section 20 of the Act.
The Equality Act requires public authorities, including courts, to seek to ensure that discrimination against disabled people does not occur. They can do this by making reasonable adjustments.
These adjustments will be based on the individual's needs, and may include things like specialist communication support.
Prosecutors should also be aware that reasonable adjustments may need to be made by the court in order to realise the right to access justice under Article 6 of the European Convention on Human Rights, as incorporated by the Human Rights Act , and Article 13 of the United Nations Convention on the Rights of Persons with Disabilities.
A live link is defined in section 33B Youth Justice and Criminal Evidence Act inserted by section 47 of the Police and Justice Act as "an arrangement by which the accused, while absent from the place where the proceedings are being held, is able to see and hear a person there, and to be seen and heard by the judge, justices, jury, co accused, legal representatives and interpreters or any other person appointed by the court to assist the accused.
Section 33A of the Youth Justice and Criminal Evidence Act also inserted by section 47 of the Police and Justice Act , provides that a defendant aged 18 and over may give evidence in criminal proceedings in the magistrates' court and the Crown Court using a live link if:.
A youth defendant may give evidence in criminal proceedings in the youth court, magistrates' court and the Crown Court using a live link if:.
The defence must apply for a live link direction, which prevents the defendant from giving oral evidence in the proceedings in any manner other than through a live link section 33A 6.
The court may discharge a live link direction at any time if it appears in the interests of justice to do so of its own motion or on application by any party section 33A 7.
The court must give reasons in open court for giving or discharging a live link direction or for refusing an application for or the discharge of a live link direction.
Those reasons must be recorded on the register of proceedings where the decision was made in the magistrates' court section 33A 8. Prosecutors should be aware that when suspects appear for the first time by a video link as distinct from a live link i.
Prosecutors should take a proactive role in proceedings, raising any concerns about the video link, particularly if it would hinder rather than assist the case management of mental health issues or the Liaison and Diversion Service process.
Legislation providing for the use of an intermediary by the accused is not yet in force section 33BA YCJEA inserted by section of the Coroners and Justice Act , however the Criminal Practice Direction Division 1, General Matters sets out key principles for dealing with vulnerable people in court 3D - 3G.
Criminal Practice Direction 3. D2 states, "many other people giving evidence in a criminal case, whether as a witness or defendant may require assistance: the court is required take every reasonable step to facilitate the attendance of witnesses and to facilitate the participation of any person, including the defendant This includes enabling a witness or defendant to comprehend the proceedings and engage fully with his or her defence However there is no presumption that defendant will be so assisted, and even where an intermediary would improve the trial process, appointment is not mandatory, and judges are expected to deal with specific communication problems faced by any defendant or any individual witness whether a witness for the prosecution or the defence as part and parcel of their ordinary control of the judicial process R v Cox  EWCA Crim There is also merit in an application to appoint a support worker or other companion who can provide assistance when it has not been necessary to appoint an intermediary, as a defendant may still benefit from some additional support to understand proceedings CPD I General matters 3F.
The Advocate's Gateway has produced a toolkit on the effective participation of young or otherwise vulnerable defendants, providing practical best-practice assistance to advocates.
Criminal Practice Direction 3E. Where a decision is taken to terminate all proceedings in the magistrates' court against such a defendant, a notice of discontinuance should be issued rather than the charges being withdrawn at court in the absence of the defendant.
When a remand prisoner is transferred to hospital by way of an order under section. If it is subsequently decided to discontinue all the proceedings against the defendant, the MHA of the hospital where the defendant is detained should be immediately informed by telephone.
A copy of the discontinuance notice should then be sent to the hospital concerned, and to the HMPPS Mental Health Casework Section who are responsible for the administration of Section 48 orders.
Prosecutors should note that when corresponding with HMPPS, patients are no longer assigned a named case manager according to the patient's surname.
All casework related e-mails including to a named member of staff should be sent to:. Where the procedure under Section 23 of the Prosecution of Offences Act is used to discontinue some but not all charges, a copy of the Notice of Discontinuance should be sent to the hospital concerned, making it clear that the proceedings are continuing.
In cases where a defendant is remanded in custody to the Crown Court awaiting trial and a section 48 order is made a letter will be sent to the Chief Clerk of the court where the defendant's case is to be heard.
This will be copied to the local Chief Crown Prosecutor. The precise way in which a case may be disposed of in the Crown Court may vary according to circumstances, and be subject to discussions between the relevant parties.
Any action taken which results in the disposal of the case against the defendant should be addressed to the Mental Health Casework Section by emailing mhcsmailbox justice.
If you have difficulty, please ring the Ministry of Justice switchboard on and ask for the Mental Health Casework Section.
In cases of emergency outside normal office hours 9am to 5pm, Monday to Friday please call , followed by written confirmation sent by email.
The fitness to plead procedure merely suspends a prosecution until the defendant is able to enter a plea and stand trial.
It is essential that criminal proceedings are resumed and determined swiftly when the Secretary of State remits the patient for trial.
Section 5 1 b and 2 of the Criminal Procedure Insanity Act provides that where a person has a finding made that they are under a disability and that they did the act or omission charged, the court shall make:.
Section 5A 4 of the same provides for an express power for the Secretary of State for Justice to remit for trial a person who becomes fit for trial while detained in hospital under a hospital order and a restriction order made under section 5 2 a Criminal Procedure Insanity Act Section 5A 4 also provides that "on a person's arrival at the court" the hospital and restriction order will "cease to have effect";.
It is HMPSS'; view that, when read with the provisions of the Mental Health Act , this cessation occurs when a judge makes another, discrete and subsequent, order for remand whether on bail or in custody or orders the proceedings to come to an end, for instance by ordering the charges to lie on file or that a not guilty verdict be entered.
Section 4A 2 Criminal Procedure Insanity Act provides that a finding of unfitness will have the effect that the trial "shall not proceed or proceed further".
Although the fitness to plead procedure can result in an acquittal, a finding that the offender did the act or made the omission charged is not a conviction and does not amount to the determination of a criminal charge.
A finding that the accused did the act or omission alleged is neither a conviction nor an acquittal: Chinegwundoh  EWCA Crim This guidance concerns the position where the Secretary of State remits a patient who has been subject to a hospital order with a restriction order.
Any other decision to commence a subsequent prosecution is outside this guidance, other than to indicate that such a decision would need to be made in accordance with the Code for Crown Prosecutors and the principles governing abuse of process.
The Mental Health Casework Section MHCS will keep the issue of a patient's fitness to plead under review, and will obtain the current opinion of the responsible clinician at least once a year.
The Secretary of State for Justice will notify the CPS when the responsible clinician has determined that a restricted patient is now fit to plead.
The MHCS will also provide the CPS with the responsible clinician's report which will address, so far as possible, those factors relevant to the decision to resume proceedings set out below.
MHCS will also ensure that where the CPS is not going to resume a prosecution, the responsible clinician has considered, and where appropriate, put in place suitable arrangements for the lawful ongoing detention and treatment of the patient under Part II Mental Health Act powers, once the case has been remitted to court and a final disposal made.
The decision whether to continue the prosecution lies solely with the CPS who will take the decision, having re-reviewed the case, in accordance with the principles set out in the Code for Crown Prosecutors and other relevant legal guidance.
Prosecutors will have particular regard to the following factors:. The MHCS shall inform the CPS that it intends to remit the patient's case for trial and shall at the same time provide a copy of the responsible clinician's report, addressing points 8 a to h above.
The MHCS will apply, to the relevant court, for a listing for mention no less than 60 days thereafter for the case to be remitted to court.
A balance has to be struck between permitting the CPS sufficient time to re-review the case and a directions hearing in relation to the resumed case.
The patient does not need to attend this first hearing and it will be listed "For Mention Defendant Excused ". This does not prevent the defendant however from attending.
The CPS will endeavour to communicate its decision before the hearing to all parties but otherwise shall propose the next steps and timescale for the case and future decision-making.
At the hearing for mention, case management issues will be considered. If the prosecution is not to continue , a date by which proceedings are to be ended and the method by which proceedings are to be ended will be confirmed at the mention hearing at which the defendant is excused.
Best practice will be to arrange for the patient to attend for the proceedings to be finalised at a subsequent hearing.
This ensures that the defendant is aware that proceedings are at an end, and the court will be addressed on all of the attendant consequences of ceasing proceedings, including that the hospital order with restriction will cease once the judge makes final orders in relation to lie on file or not guilty verdict to be entered; that the defendant will fall to be acquitted; and any ancillary orders which fall to be made or applied for can be considered.
Best practice is that the responsible clinician's proposal for any ongoing treatment of the patient is also made clear at this hearing i.
If the prosecution is to continue , a date will be set for the patient to attend court and other matters to be considered will include:. If the prosecution formally offers no evidence or the court orders the charge to lie on the file, the court has no power to make any order under the Mental Health Act , although it may consider other ancillary orders which are appropriate following acquittal.
If the prosecution is resumed, the court will have to consider the issue of bail and its powers include remand to hospital for further reports section 35 MHA or for treatment section 36 MHA , remand in custody or on bail.
Custody Time Limits do not apply to any period of remand in custody after the offender is remitted from hospital. The Custody Time Limit expired when the issue of fitness to plead was determined.
The period between remittal to court under section 5A 4 Criminal Procedure Insanity Act and the trial is not included in this exhaustive list.
The situation is analogous to retrials in that Custody Time Limits do not apply to the period between the termination of the original trial and the start of the retrial: R v Crown Court at Leeds, ex parte Whitehead TLR 5 July However the court should be vigilant to protect the interests of an accused in custody by taking steps to fix a speedy retrial.
The role of the prosecutor at sentence is to assist the court to reach its decision as to the appropriate sentence. This will include drawing the court's attention to:.
In sentencing offenders with mental health issues, the prosecutor should bring to the court's attention any evidence as to the nature, extent and effect of any mental impairment experienced by the offender at the relevant time.
The prosecutor should ensure that the effect of a sentence is explained in open court by the Judge and assist where an explanation is to be given to a victim of the effect of a sentence passed.