consent

Question 1

definition of consent

Answer 1

to give permission

Question 2

what is implied consent?

Answer 2

when a person is not specifically asked if they agree to something being done to them, but they behave as if they understand and agree.
eg going outside - you’re consenting to people knocking into you

Question 3

ag ref (1981)

Answer 3

court held: as a matter of policy a person cannot consent to anything resulting in abh or greater harm
further confirmed in r v brown and others 1993

Question 4

what is the general rule of consent?

Answer 4

you cannot consent to any injury beyond assault or battery

Question 5

what are the times you can consent to more than an assault or battery?

Answer 5

•sports
•surgery
•dangerous exhibitions
•cosmetic enhancements
•horseplay

Question 6

tattoos and piercings

Answer 6

justification: we can consent to them du to our free will and freedom of expression - for mental health and wellbeing
HOWEVER:
tattoos you must be 18+ to consent as under 18s don’t have the capacity to consent

Question 7

sports

Answer 7

justification: mental health, physical health, economy (provides people jobs, people go and watch sports), entertainment
•for example in the daniel james 2008- he got paralysed in a rugby game
HOWEVER
you can only consent to injuries with a sport that are rules within the game - cannot go outside of the rules (as in r v billinghust 1978)

Question 8

r v billinghust 1978

Answer 8

you can only consent to injuries with a sport that are rules within the game - cannot go outside of the rules

Question 9

daniel james 2008

Answer 9

paralysed playing rugby

Question 10

horseplay

Answer 10

definition: usually younger people playing and messing on
justification: mental health, physical and resilience
r v jones and others 1987

Question 11

r v jones and others 1987

Answer 11

horseplay:
two school mates thrown a pupil into the air with the intention of catching them. unfortunately they had dropped them resulting in serious injury. got convicted of gbh.
however this was appealed
the courts held: the convictions were quashed, as it was horseplay

Question 12

surgery

Answer 12

justification: life saving and life enhancing (this can also include cosmetic surgery)

consent form for surgeries:
16+: have to sign their own
under 16: parents have to sign it
HOWEVER
if the parents don’t sign it the hospital can appeal it to the courts eg in Re A 2000
for example:
gillick competence: sometimes if you’re under 16 and you’re mature enough you can consent

Question 13

sexual activity

Answer 13

•brown and others 1993
•emmett 1999
•slingsby 1995

Question 14

emmett 1999

Answer 14

a man and his partner were consenting to asphyxiation and burning with lighter fluid
court held: consent was not valid due to the degree of injury

Question 15

brown and others 1993

Answer 15

In this case, a group of consenting adults engaged in sadomasochistic activities that caused injuries (like cuts and bruising). The court held:
Consent was NOT a defence

Question 16

slingsby 1995

Answer 16

a man and a woman were having consensual sex - that caused injuries that amounted to battery or abh. however she got an infection in hospital and died
courts found the man not guilty

Question 17

belief in consent

Answer 17

established in r v morgan 1976 - if the defendant has an honest belief that the person gave them consent they are innocent
an honest belief is a subjective belief
HOWEVER
this does not apply to rape and sexual assault cases. cases of rape + sexual assault the belief in consent must be a reasonable one - making it objective (eg r v richardson and irwin 1999)

Question 18

r v richardson and irwin 1999

Answer 18

if the defendant is intoxicated then the belief in consent must be reasonable

Question 19

valid consent

Answer 19

valid consent is:
•voluntary
•informed
•with capacity to make the decision

Question 21

capacity to consent

Answer 21

surrounding age
gillick competence: a child under 16 can sometimes consent to medical precedures if they have sufficient maturity

Question 22

consent to your own death

Answer 22

unde s.2 suicide act 1961 it establishes that you can’t consent to your own death
HOWEVER
there is a bill being made that says adults 18 and over who have 18 months left to live can apply for euthanasia - terminally ill adult (end of life) bill 2025