Case Law

Sexual offending and mental capacity: Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44

Computer keyboard with a finger pointing at the word 'Porn' on one of the keys Photo: diy13/AdobeStock


By Tim Spencer-Lane Introduction The courts have long warned against the “protective imperative” when assessing capacity. In other words, the assessor may feel driven towards an outcome that is more protective of the person, rather than carrying out a detached and objective assessment of capacity. In cases where the person has a history of sexual […]

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