Valid and true consent

Question 1

What have the courts decided must be considered for any non-fatal offences

Answer 1

whether the consent was actually true and valid

Question 2

Therefore the use of consent has been restricted on what grounds

Answer 2

PP - this may seem unfair on D but viewed to be in public interest

Question 3

In criminal law any consent must be

Answer 3

valid and there must be legal capacity

Question 4

So if V expressly consents to D’s acts, will the courts automatically allow a defence

Answer 4

No- it must be valid

Question 5

V must be this to be able to give consent

Answer 5

have legal capacity

Question 6

What must V be to be able to give valid consent

Answer 6

must be mentally capable and must not be a child

Question 7

why are children and those who are mentally incapable unable to have legal capacity

Answer 7

because they needed to be protected because unlike lucid adults the may not be able to appreciate the consequences of the actions they consented to

Question 8

Therefore:

V has learning difficulties and consents to D’s actions would this be valid consent

Answer 8

unlikely because she does not have the legal capacity therefore the consent will not be valid

Question 9

which case created confusion and uncertainty regarding if a child could consent or not

Answer 9

Gillick V West Norfolk and Wisbech
civil case where it was decided a child could consent to medical treatment providing he had the necessary maturity to do so

Question 10

Case which shows there was no valid and no true consent

Answer 10

Burrell V harmer

D convicted of ABH after tattooing two boys. Arms were painful and swollen. No valid consent because they didn’t have the legal capacity required as they were only children so the court said there was no true consent because they did not know the nature of the act and its consequences

Question 11

Over time what was the further restriction that the court added?

Answer 11

The consent must be true

Question 12

For V to have true consent what must there be

Answer 12

V must understand the nature of D’s acts- if V does not understand the nature then there is not true consent therefore no consent

Question 13

In which case were the boys not old enough so there was no valid consent but they also did not understand the act or appreciate the consequences so there was no true consent

Answer 13

Burrell V harmer
no valid
no true