Taking Back Control: Loss of Control & Diminished Responsibility - Strategies for the Defence Practitioner

Presented by John Cammegh KC & Oliver Kirk, 5SAH Chambers

Join us for our in-person seminar
at 5SAH Chambers
on 20 March 2024
at 17:30 Seminar start & 18:30 onwards for drinks & posh pizzas

John Cammegh KC and Oliver Kirk present on how Loss of Control and Diminished Responsibility work in practice, simplyfying the approach and giving useful tips on:

• Where Loss of Control might, might not or will not apply
  • Tactical approach at the police station
  • How to deploy psychiatric evidence
  • Strategies for getting Loss of Control to the jury

Since Provocation as a common law partial defence to murder was revoked and replaced by ss 54 – 56 of the Coroners and Justice Act 2009 the landscape of murder litigation has drastically changed. Rather than providing streamlined and rational criteria the statute has, in practice, served to seriously curtail the defence by giving judges the power to prevent loss of control going to the jury. Some practitioners have commented on the inherent risks involved; others have argued that, in a worst case scenario, the Act offends the defendant’s right to trial by jury.

However, with a focussed strategy at police interview, to the instruction of medical experts, to careful drafting of the Defence Statement through to conduct of the trial in court, there is no reason why Loss of Control cannot be sustained and successfully deployed.

John Cammegh KC is a highly accomplished Silk, expertly placed to bring insight of both prosecuting and defending in multiple trials involving Loss of Control and Diminished Responsibility. John is uniquely experienced in practising at the highest level in both domestic and international criminal courts over the past two decades.

Oliver Kirk represents clients in the most serious and complex criminal cases. Practising as a solicitor for over 20 years, Oliver headed his own firm, whilst expertly developing for a decade his skills as a Higher Rights Advocate, transferring in 2019 to the Bar and joining 5SAH. Oliver will bring insight from both the solicitor and barrister perspective.

Please note numbers for the event are limited, to secure your place, please email admin@lccsa.org.uk