Unfitness to Plead Consultation Responses - Law Commission ...

purposes for example a deafblind person may have an enhanced ability to
recognise a person by touch or smell and this would need to be explained to the
court.
Question 2 - Other changes to evidence or procedure which would render
participation in the trial process more effective for defendants who have decision
making-capacity and who are fit to plea and stand trial, but due to a mental
disorder or other impairment require additional assistance to participate.
Deafblindness is a very individual disability and deafblind people need very
individual and imaginative solutions. The courts need to be able to adapt to the
individual needs and intricacies of each individual. However, there are several
key points which can be held up to be generally applicable:
- The court should always employ a specifically qualified person to assess
what special measures need to be employed for the deafblind individual in
question. 7
- The court will always need to allow time for the court proceedings to go at
a suitable pace for the deafblind individual. In some circumstances this
could mean that the trial may take substantially more time than an
ordinary trial. For example a deafblind person who communicates using
deafblind manual is likely to need to rest his or her hands every 20 to 30
minutes for approximately 5 minutes; and depending on the individual,
deafblind manual itself may take an extremely long time for expressive
and receptive communication.
- The special measures when implemented should be implemented where
applicable by a suitably qualified person. 8 For example where a deafblind
person can only reasonably be expected to receive information via one or
two specific individuals then the court should not proceed unless those
individuals are available.
Some relatively common adjustments or special measures that the court may
have to make for deafblind people are:
- Ensuring that the room is well lit and that witnesses, legal representation
or interpreters are not backlit.
- Ensuring the right kind of interpreter is provided. For example it is not
appropriate for a BSL interpreter to provide deafblind manual
interpretation without suitable qualifications.
7 A specifically qualified person is a person with specific qualifications, competencies and
experiences. For more information see the Sense publications: “Deafblind adults’ specialist
assessments – are you specifically trained?” and “Specialist assessments for deafblind children
and young people – are you specifically trained?” ( available on the Sense website)
8 Note that a person who is suitably qualified to assess the need for soeciali measuers may be
different from the person who delivers or implements them. A BSL interpreter could deliver BSL
interpretation but may be unable to carry out the assessment.
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