Brain Injury should be considered at every stage of the criminal process. Appropriate representation at trial will mean paying special attention to the accused’s possible inability to understand the consequences of his or her actions, explain those actions, assist in his or her defence, or understand the concept of plea bargaining.
With the passage of time between the offence and sentencing, an accused person with an acquired brain injury has a heightened risk of failure to appear. He or she may also fail to comply with bail conditions, and so may complicate his/her defence or the possibility of diversion and attract additional charges.