Lord Janner is expected to face a “trial of the facts” after both prosecution and defence agreed he was unfit to stand trial for the alleged sexual abuse of nine boys and men.
A hearing at the Old Bailey in London on Friday was told that the former Labour MP Greville Janner was not fit to enter pleas or stand trial owing to advanced dementia.
A further hearing in December is expected to consider whether the case should continue as a trial of the facts, where a jury would hear evidence from alleged victims and decide if Janner committed the physical acts of abuse. Because the defendant cannot put forward a defence, there can be no verdict of guilty and the court cannot pass sentence.
Janner appeared confused when he was brought into court in August for just 59 seconds to confirm his identity, saying: “Ooh, it’s wonderful.” He was then led back out of court by his daughter who offered to buy him a “lovely ice-cream”.
The peer, 87, was forced to attend a brief hearing at Westminster magistrates court despite his lawyers’ claims that he was too ill to appear in person. But the former QC and member of the House of Lords since 1997 is excused from attending administrative hearings following an order made by Mr Justice Sweeney, and did not appear at the Old Bailey on Friday.
Eleanor Laws QC, prosecuting, said: “We would submit that in the circumstances of this case, with both parties agreeing the defendant is unfit to plea and stand trial, that there is clearly not going to be any improvement and so there is no reason at all in putting off the determination.”
Defending, Nicholas Purnell QC said he was keen to preserve all his client’s rights but suggested there was no reason not to decide now on his client’s fitness to stand trial. .
Mr Justice Openshaw, presiding, said the finding was “obvious and inevitable” and set a provisional date of 7 December for fitness to plea hearing, and a provisional trial date for 11 April next year at the Old Bailey.
The judge said the public was “entitled to know” why Janner could not stand trial for child sex offences. Regardless of whether it was agreed between the lawyers, the judge said it was for him to make the ruling following a short opening before the court in December.
“Plainly there is a public interest in these matters and the public are entitled to know the evidence on which the finding has been made,” said Openshaw.
In a trial of facts, the jury is asked to decide – on the basis of evidence adduced by prosecution lawyers and by lawyers who put the case for the defence – whether or not the accused did the acts he or she was charged with.
All the court can do is to make a hospital order, a supervision order or an order for the defendant’s absolute discharge – where a finding of guilt is made but no conviction is registered and no order given.
Friday’s hearing comes after a U-turn from the director of public prosecutions, 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. 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 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 Crown Prosecution Service. The review, carried out by David Perry QC, concluded it was in the public interest to prosecute, but accepted Janner would probably be found unfit to enter pleas, instruct his legal team, or challenge and give evidence in a trial.
Janner was first due to attend Westminster magistrates’ court on Friday 7 August, but did not appear as his lawyers said his severe dementia meant he was unfit to attend.
Chief magistrate Howard Riddle ruled that although Janner would not be a party to proceedings because of his illness, there was no physical barrier to prevent him attending in person for a brief procedural hearing, and warned he could face arrest if he was not present.
Janner is accused of 15 counts of indecent assault and seven counts of a separate sexual offence against nine alleged victims in the 1960s, 1970s and 1980s. Twenty-one of the alleged offences relate to children who were 16 or under at the time.