A Local Authority v JB – capacity for sexual relations

A Local Authority v JB – capacity for sexual relations

CategoryNews Author Vikram Sachdeva KC, Parishil Patel KC Date

The Court of Appeal (the President of the Court of Protection; Baker and Singh LJJ) has handed down an important judgment on the question whether, in order to possess capacity to engage in sexual relations, a person must understand that the other person is consenting at all times. Roberts J had held that such information was not required for capacity to consent to sexual relations, but the Court of Appeal has reframed the question, and answered it in the affirmative.

Vikram Sachdeva QC acted for the Appellant, and Parishil Patel QC for the Respondent.

Read the judgment here.

A press release from The Guardian on the decision can be found here.

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