Moved by
Baroness Linklater of Butterstone
113AA: After Clause 23, insert the following new Clause—
“Eligibility for assistance
(1) An accused person in criminal proceedings is eligible for assistance by virtue of this section if the courts considers that the quality of that person’s participation in and understanding of court proceedings or of the evidence given by that person is likely to be diminished by reason of any circumstances falling within subsection (2).
(2) The circumstances falling within this subsection are that the accused person—
(a) suffers from mental disorder within the meaning of the Mental Health Act 1983, or
(b) otherwise has a significant impairment of intelligence and social functioning.
(3) Where the court determines that the accused person is eligible for assistance by virtue of this section, the court may then give a direction under this section providing for—
(a) assistance of the accused in preparing for court proceedings and in instructing the accused person’s legal representative to be provided by a person approved by the court for the purposes of this section (“an intermediary”),
(b) assistance of the accused person in understanding and participating in court proceedings to be provided by the intermediary, and
(c) the examination of the accused person to be conducted through the intermediary.
(4) The Secretary of State may, by regulations, make provision about the recruitment, accreditation, training and appraisal of intermediaries approved by courts under this section.”