Lord Janner's trial on 22 sex abuse charges won't be for at least another six months and even then he may not have to be there at all
- Former Labour peer Janner will face a fitness to plead hearing in December
- If he is not fit, there could be a 'trial of the facts' where a jury would hear evidence and decide if Janner committed the physical acts of abuse
- However, there would be no finding of guilt or conviction
- Janner was excused from attending today's hearing at the Old Bailey but did appear at Westminster Magistrates' Court last month
Lord Janner, pictured following his
appearance at Westminster Magistrates' Court, was not required to be at
the Old Bailey for today's hearing
A
judge will decide in December if Lord Janner is fit enough to stand
trial over alleged child sexual abuse next spring, a court heard
today.
Janner,
who was the Labour MP for Leicester West for 27 years from 1970, is
accused of 15 counts of indecent assault and seven counts of a separate
sexual offence against a total of nine alleged victims in the 1960s,
1970s and 1980s.
The 87-year-old's case was discussed at a hearing at the Old Bailey this afternoon, although the peer was not present.
The
court was told that Janner who is suffering from dementia, will face a
fitness to plead hearing later this year, ahead of a trial in the
spring.
The
former QC, a member of the House of Lords since 1997, was not required
to attend today's 'purely administrative' hearing at the Old Bailey
following an order made by Mr Justice Sweeney.
The
judge set a the provisional date of 7 December for a plea and case
management hearing, which would include a fitness to plead hearing, and a
provisional trial date for 22 February - although it could be put
back.
The trial will take place in a central London court with the judge still to be nominated.
If
the trial judge decides Janner is not fit to enter pleas and stand
trial, the court may conduct a 'trial of the facts', where a jury would
hear evidence from alleged victims and decide if Janner committed the
physical acts of abuse.
It is not considered a trial as such because the defendant cannot put forward a defence, and it can be heard in their absence.
There
is, therefore, no guilty verdict and the court cannot pass sentence.
All it can do is make a hospital order, a supervision order, or an order
for the defendant's absolute discharge.
Last
month, Janner was forced to attend Westminster Magistrates' Court to
face the child sex abuse charges after a week-long legal wrangle over
the issue.
His legal team had been insisting he was too ill to attend in person because of his advanced dementia.
But
two senior judges ruled that the former Labour peer and MP must appear
because of 'the obvious and strong public interest in ensuring those
summoned to court attend when required'.
Janner is pictured in a court sketch during his appearance before magistrates last month
He
appeared confused when he was brought into court for just 59 seconds on
August 14 to confirm his identity and even grinned at a packed press
bench and said: 'Ooh, it's wonderful.'
He
was then escorted from the court by his daughter Marion, who told him
before they left: ‘We're going to go home and have an ice cream.’
The
prosecution comes after a u-turn from Director of Public Prosecutions
(DPP) Alison Saunders, who announced in April that Janner would not be
charged because of his severe dementia, despite there being enough
evidence for a realistic prospect of convictions.
But
she resisted calls to resign when she became the first DPP to reverse a
major prosecuting decision following an independent review carried out
at the request of six of Cardiff-born Janner's alleged victims.
The Right to Review scheme allows people to have their case looked at again regardless of who took the decision at the CPS.
The
review, carried out by David Perry QC, concluded it was in the public
interest to prosecute, but accepted Janner will probably be found unfit
to enter pleas, instruct his legal team, or challenge or give evidence
in a trial.
Janner, of Muswell Hill, north London, who was MP for Leicester West for 27 years from 1970, is on unconditional bail.
Janner
is yet to enter any pleas for the 22 charges, but he has always denied
any wrong doing and his family say he ‘is entirely innocent’.
Of the allegations, 21 relate to complainants who were aged 16 or under at the time.
Director of
Public Prosecutions Alison Saunders (left) came under fire for the
original decision not to prosecute the Labour peer (right)
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Source: http://www.when-is.com/chanukah-2015.asp
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