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| Lord Janner abuse proceedings to start in court | Lord Janner abuse proceedings to start in court |
| (35 minutes later) | |
| Criminal proceedings against Lord Janner over allegations of child sexual abuse in the 1960s, 1970s and 1980s are to begin later. | Criminal proceedings against Lord Janner over allegations of child sexual abuse in the 1960s, 1970s and 1980s are to begin later. |
| The Westminster Magistrates' Court case comes after a review overturned a Crown Prosecution Service decision not to bring charges because of his dementia. | The Westminster Magistrates' Court case comes after a review overturned a Crown Prosecution Service decision not to bring charges because of his dementia. |
| Lord Janner is likely to be sent to the Crown Court, which will decide whether he is fit to plead and face a trial. | Lord Janner is likely to be sent to the Crown Court, which will decide whether he is fit to plead and face a trial. |
| The 86-year-old denies any wrongdoing and his family says he is innocent. | The 86-year-old denies any wrongdoing and his family says he is innocent. |
| In April, Director of Public Prosecutions Alison Saunders decided it was not in the public interest for Lord Janner - who as Greville Janner was an MP for 27 years - to face a criminal trial on 22 allegations of historical sexual abuse against nine children, because of his severe form of dementia. | In April, Director of Public Prosecutions Alison Saunders decided it was not in the public interest for Lord Janner - who as Greville Janner was an MP for 27 years - to face a criminal trial on 22 allegations of historical sexual abuse against nine children, because of his severe form of dementia. |
| However, six of the alleged victims asked an independent QC to examine her ruling under the CPS's Victims' Right to Review scheme. | However, six of the alleged victims asked an independent QC to examine her ruling under the CPS's Victims' Right to Review scheme. |
| If a Crown Court judge decides the former Labour MP for Leicester is fit to plead, a full trial may take place. If not, there will be a so-called trial of the facts, where a jury will decide only if he committed the physical acts of abuse, with no finding of guilt and no conviction. | If a Crown Court judge decides the former Labour MP for Leicester is fit to plead, a full trial may take place. If not, there will be a so-called trial of the facts, where a jury will decide only if he committed the physical acts of abuse, with no finding of guilt and no conviction. |
| Analysis | Analysis |
| By Clive Coleman, legal correspondent | By Clive Coleman, legal correspondent |
| Whether Lord Janner is fit to plead - to take part in a full criminal trial - will be decided by a crown court judge. He will consider the medical evidence. | |
| If he is not deemed fit he will face what is known as a trial of the facts. There will be no examination of the mental elements of the crime, no finding of guilt and no conviction. | If he is not deemed fit he will face what is known as a trial of the facts. There will be no examination of the mental elements of the crime, no finding of guilt and no conviction. |
| It is a relatively rare procedure normally used not in cases where a defendant is said to suffer from dementia, but where they pose a danger and need to be hospitalised for the safety of themselves and others. | It is a relatively rare procedure normally used not in cases where a defendant is said to suffer from dementia, but where they pose a danger and need to be hospitalised for the safety of themselves and others. |
| The court cannot impose a hospitalisation or supervision order unless a jury has found the defendant performed the physical act of the crime. | The court cannot impose a hospitalisation or supervision order unless a jury has found the defendant performed the physical act of the crime. |
| However, Lord Janner can only be sent to face the fitness to plead process and trial of the facts in the Crown Court, if he attends the magistrates court, or his lawyers have instructions to consent on his behalf. | |
| If they do not, the prosecution may have to make a little used application to a High Court judge for something called a voluntary bill of indictment. This has the effect of by-passing the magistrates court and delivering the defendant direct to the Crown Court. | |
| Janner case spotlights legal options | Janner case spotlights legal options |