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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69883
Experience:  Over 5 years in practice.
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My wife is under the care of the mental health team before

Customer Question

My wife is under the care of the mental health team before she was diagnosed she has a number of running that resulted with her being charged with harassment. Over her carrying a kitchen knife in from outside into the house and showing it to the neighbour. The police asked for a mental assemeant and it resulted in her bringing sectioned 2 for a week till she got on meds. She then had a court appointment yesterday where the health team asked for a prosponement as she was not of fit mind to plead . Which was granted but it did come out that the cps wanted to kick it up to crown court. My question is why what are they hoping to charge her with as I thought the magistrate could impose orders or is their something I don't know.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Yes, they can. The reason they are saying it should go to the Crown Court is that they are saying that the sentencing powers of the Magistrates Court are insufficient. Given that this is an incident where a knife was produced I'm afraid she is at risk of more than six months custody. Sorry if that is bad news. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
Can this apply even if she was not in charge of her full mental state and thought she was being victimised by them. It seems she was having problems of determine the gravity of her suituation and reality and what she thought was happening to her she thought was real.. Hence the sectioning but she is responding to treatment.
Expert:  Jo C. replied 1 year ago.
Yes.Being subject to the Mental Health Act no longer stops them prosecuting any person.This doesn't amount to criminal insanity and anyway she doesn't want to be defending on the basis of insanity as it has no real benefits.
Customer: replied 1 year ago.
Do they not have to charger with something other than harassment then.
Expert:  Jo C. replied 1 year ago.
No. I wouldn't have charged this as a harassment. It is an offensive weapon and possibly a threats to kill depending on what was said but at least a S4 public order.But they can rely on harassment.
Customer: replied 1 year ago.
Thanks
Expert:  Jo C. replied 1 year ago.
No problem. All the best.

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