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Legal matters

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Mental health and police interview

4 replies

Mylifestartstoday · 29/08/2021 19:21

Will the police be able to interview someone who has been admitted to hospital for supposed mental health issues?
This person knew they were going to be interviewed for historic sex abuse, and has suddenly become confused, and made a failed (miserly) suicide attempt, which got them taken into hospital and assessed by the mental health team.
I’m assuming this is all a ploy to stop the police interview

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CovoidOfAllHumanity · 02/09/2021 19:50

It will probably just put it on hold
The police will ask the psychiatrist if the person is fit to be interviewed and if they are then it will go ahead or if not it would
be postponed until they are declared fit
You would want them to be declared fit to be interviewed as otherwise any info obtained might then be unreliable/ not admissible
This happens a fair bit and if they had no prior mental illness and it is just the stress of the proceedings then it's quite likely they will be assessed as fit to interview possibly with an appropriate adult. You cannot get easily out of a criminal investigation by threatening suicide or people would be doing it all the time.

Mylifestartstoday · 05/09/2021 11:35

They have been assessed as having the start of dementia. The crimes were committed between 2011 and 2016, but has only been reported to the police.
They made a ‘suicide’ attempt, and were taken to hospital, now been assessed at a dementia ward, showing early signs.
If it means he has dementia, does that mean he gets away with child sexual abuse?

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prh47bridge · 05/09/2021 12:40

The CPS may decide that it is not in the public interest to send the case to trial. If it does go to trial, the court will look at whether he is able to understand the case, follow the evidence, give instructions to his lawyers and participate in the trial, e.g. by giving evidence. If two court appointed psychiatrists say that the answer to any of these questions is no, he will be found unfit to plead. There can then be a trial of the facts, with the jury asked to decide whether he committed the acts of which he is accused. In that situation, there would be no guilty verdict and he would not be sentenced as such, nor would he get a criminal record, but the court can make a hospital order (effectively the same as being sectioned) or a supervision order (putting him under the supervision of the LA or the probation service).

If he is not found unfit to plead, he can be tried in the normal way.

Mylifestartstoday · 05/09/2021 13:07

Thank you for the comprehensive answer. I had tried google, but couldn’t find anything.
I’m so very angry, he was living as normal before the police contacted him to arrange an interview…….all I want is justice for my child.

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