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Bloomsburry Family law

Wills, Trusts & Probate

Problems in assessing mental capacity

For legal practitioners, determining client capacity is an essential process to protect and enable a client to live as independent a life as possible. However, where there should be cooperation between the legal and medical profession, there is often a gap in understanding in mental capacity assessment. Dr Amrit Singh, a consultant psychiatrist, describes the medical approach, in particular, how different illnesses and conditions might affect a client’s decision-making abilities.

R v Thomas

Offences against the person - False imprisonment - Assault occasioning actual bodily harm - Domestic relationship - Relationship collapsed - Appellant resorted to violence - Kicks and punches delivered to body - Complainant five months pregnant - Held for eight hours before release - Similar previous conviction - Sentence of eight years’ imprisonment for false imprisonment with no separate penalty for assault - Sentence manifestly excessive - Five years’ imprisonment following guilty plea appropriate