Mental Health & Capacity Cases
Specialist support for clients with mental-health needs or vulnerabilities, at the police station and in court.
Defendants with mental-health conditions, learning disabilities or cognitive vulnerabilities are entitled to additional protections — but those protections are not always offered. Lucy has long-standing experience advocating for vulnerable clients within the criminal justice system.
Where appropriate, she will seek diversion from prosecution, mental-health assessments, and tailored sentencing options that recognise the underlying causes of offending.
What's included
- Liaison with appropriate adults and intermediaries
- Mental Health Act diversion applications
- Mental-health and capacity assessments
- Tailored sentencing submissions
- Sensitive, patient communication throughout
Where we cover
- · Police stations across Norfolk (interview rooms with appropriate-adult provision)
- · Norfolk and Suffolk NHS Foundation Trust mental health units (by arrangement)
- · Norwich Magistrates' and Crown Court — mental health diversion lists
Common questions
What's an 'appropriate adult' for a vulnerable defendant?
The same as for a juvenile — a non-police adult who supports the defendant during detention and interview. For adults with mental-health needs or learning disabilities, the custody sergeant should arrange one. In practice this is often missed — tell the custody sergeant explicitly if you or your loved one is vulnerable.Can mental health stop me being prosecuted?
Sometimes. The CPS has a public-interest test that considers the impact of prosecution on a vulnerable person's health. Diversion to treatment is preferred for minor offences where mental health is a significant factor.What's a 'fitness to plead' hearing?
A separate hearing where the court decides whether the defendant has the cognitive capacity to understand the proceedings and instruct a lawyer. If unfit, the criminal trial doesn't proceed in the usual sense — the court can still make hospital or supervision orders if necessary.Can the court order a hospital placement instead of prison?
Yes — under the Mental Health Act 1983 (sections 37 and 41 in the most serious cases). The court must have medical evidence and be satisfied a hospital order is appropriate. Lucy will instruct the right experts to make the case.
Reach out for compassionate, specialist representation.