Stewart v H. M. Advocate (No. 1) 1997 JC 183
Citation: Stewart v H. M. Advocate (No. 1) 1997 JC 183
Rule of thumb: Where a person has mental handicaps or is struggling to follow the proceedings, should they be given extra time to consider their legal strategy? Yes, and if they are not, then they were not given an adequate chance to prepare and the result of the trial is invalid on the ground that they have not received a fair trial.
Judgment:
‘The question for [the trial judge] was whether the appellant, by reason of his mental handicap, would be unable to instruct his legal representatives as to his defence or to follow what went on at his trial. Without such ability he could not receive a fair trial’, at 183.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.