Sherrard Conversation | Capacity and Consent to Sex in the Supreme Court Decision [ONLINE]

Wednesday 4th of May 2022 18:15

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Location

Online via Zoom (joining link will be circulated via email)
1 QS Point
Ethics, Standards and Values Legal Knowledge, Justice and the Rule of Law

Timings

ONLINE ticket holders:
18:15 - 19:15
(Zoom Meeting ‘room’ will be open from 18:00) Please ensure that you have joined before the event is due to start.
This event is expected to end at approximately 19:15 for those with an Online Ticket.

Event Details

This event is taking place in the Sherrard Room AND will be streamed live. This page is for tickets to attend online. To book a ticket to attend in-person CLICK HERE. We will not be able to admit anyone into the Sherrard Room with a virtual ticket.

For those attending in-person please note that bookings are open at full capacity and social distancing will not be possible.

All members of the Inn are welcome to attend this event.

This conversation will be between Dr Jamie Lindsey & Victoria Butler-Cole QC.

This event will involve a discussion between Dr Jaime Lindsey, Senior Lecturer in Law at the University of Essex and Victoria Butler-Cole QC, 39 Essex Chambers, about the interpretation and effect of the Supreme Court’s judgment in A Local Authority v JB [2021] UKSC 52.

The case concerned the legal test for capacity to consent to sexual activity under the Mental Capacity Act 2005 (MCA) as applied by the Court of Protection. The Supreme Court held that the relevant decision is whether a person has capacity to engage in sexual activity, rather than capacity to consent to sexual activity. Furthermore, understanding consent (including the other person’s consent) falls within part of the information relevant to the decision to engage in sexual activity. The Supreme Court found that there was no impermissible difference between the criminal and civil law on this issue and that there were policy reasons for imposing a higher standard for capacity to engage in sexual activity through the civil law.

This event will commence with an overview of the decision in JB, followed by analysis of subsequent and related judgments. Following an introduction to these issues, the speakers will discuss the impact that the case has had in practice and consider whether or not the case has resolved the complex issues arising in the domain of sexual capacity. They will also discuss some of the relevant issues that the Supreme Court did not resolve with their judgment, with a view to deliberating how the jurisprudence might develop.

Who can Attend

This event is for members only.

Dietary Requirements

Qualifying Session Details

Click here to see details of the QS Requirements and how to be credited with the QS for this session

Learning Outcomes:

After this session, students should be able to:

  • Describe the JB judgement and explain the influence this case has had on the domain of sexual capacity.
  • Identify the issues that the Supreme Court’s Judgement did not resolve.

Links to the Professional Statement, wider workings of the Bar, administration of justice or a public interest matter

The QS will align with these elements of the professional statement:

  • 1.2 / 1.3

Click here to view the BSB's Professional Statement

QS Feedback

If you have any feedback on a QS you have attended or have any suggestions for future sessions, please contact the education department on education@middletemple.org.uk

Bookings and Cancellations

Bookings will open at 10:00 AM on Wednesday 06 April 2022.

Members of the Inn can buy tickets online by clicking ‘Add to Cart’.  Please note that you must log in to book (if you have not yet created a log-in please register first).  Alternatively you can buy tickets from the Treasury Office by calling 020 7427 4800.

Unless the event sells out earlier, booking will close at 16:00 the day before the event.  

Cancellations:

Where we have a waiting list we will offer your ticket to someone else, so please do cancel your ticket if you are no longer able to attend by emailing education@middletemple.org.uk

Click here to view our Bookings and Cancellation Policies

Disabled Access and Support

If you have questions about accessibility at the Inn or if you would like to request support, please email Richard Frost.

The Inn is committed to improving access to all its services and encourages members to get in touch with suggestions and feedback on how we can improve. If you feel your experience using the website or attending one of our events could be improved, please email Richard. Your suggestions will be treated in the strictest confidence.

Religious Support

Middle Temple endeavours to make the Inn as inclusive as possible for all of its members, guests and staff.

If you have questions regarding religious practice at the Inn or at Inn events, or if you would like to request support, please email the Diversity & Inclusion Coordinator Laura Hacon. The Inn endeavours to make reasonable adjustments where possible.

The Inn is committed to improving access to all its services and encourages members to get in touch with suggestions and feedback on how we can improve. If you feel your experience using the website or attending one of our events could be improved, please email Laura. Your suggestions will be treated in the strictest confidence.

Data Protection & Photography

Please be aware that photography, audio and video recording may take place at our events. These may be used for promotional purposes by the Inn, including in printed publications, on our website, and on our social media accounts. If you do not wish to have your photograph taken or to have images of you used, please alert the EducationTeam at the start of the event. We are unable to guarantee that you will not be included in the background of photographs that are being taken. Contact: 020 7427 4800, education@middletemple.org.uk

All personal data that the Inn stores and processes is held in accordance with the Data Protection Act 2018 and the Inn’s Data Protection Policy. You can ask the Inn to stop using your images at any time, or request to see the personal data that the Inn holds on you. For more information please visit the Data Protection page http://www.middletemple.org.uk/about-us/data-protection

Times and details for this event are subject to change. Please check this webpage for the most up to date information.