Capacity to consent
Key issue in this is age
Gillick competence must understand the risks of the consent
What are the key elements
True consent
Tabassum
Is what was consented to actually happening?
Informed consent
Is there something the consenter hasn’t been told about?
Dica
Implied
Wilson v pringle
Public settings where consent isn’t needed
General rule?
Agr n6/1980
States that consent can’t be used as it’s not in the publics interest for people to hurt themselves for no good reason
Exceptions
Must be for a unlawful act
Slingsby not unlawful
S18 - leach no
Murder - pretty no