Research Catalog

Title

Unfitness to plead : a consultation paper / The Law Commission.

Author

Great Britain. Law Commission.

Publication

London : The Stationery Office, c2010.

Items in the Library & Off-site

Details

Description

x, 234, 24 p. : ill.; 30 cm.

Summary

This paper discusses the law on unfitness to plead or to be tried in criminal proceedings. The law on unfitness to plead is concerned with whether or not an accused is able to stand trial and, if not, the procedure that should be used to deal with that accused. Where there is an issue of unfitness to plead it is not the accused's guilt that is considered but whether they are 'under a disability' and if so the jury must determine whether or not the accused did the act or made the omission charged. In this paper the analysis of the modern law on unfitness to plead is set within the broader context of the law relating to vulnerable defendants, the Mental Health Act 1983 as amended by the Mental Health Act 2007, and the Mental Capacity Act 2005. A number of proposals are put forward, primarily that there should be a new revised single legal test which assesses whether the accused has decision-making capacity for trial. The test should not require that any decision the accused makes must be rational or wise.

Series Statement

Law Commission consultation paper ; no. 197

Uniform Title

Consultation paper (Great Britain. Law Commission) no. 197.

Subject

• Pleas (Criminal procedure) > England
• Competency to stand trial > England
• Pleas (Criminal procedure) > Wales
• Competency to stand trial > Wales

Bibliography (note)

• Includes bibliographical references.

Processing Action (note)

• committed to retain

Contents

Introduction -- The existing law -- A new legal test -- The role of special measures -- Assessing the capacity of the accused -- The section A4 hearing -- Miscellaneous issues -- Unfitness to plead and the magistrates' courts and youth courts -- Provisional proposals and questions.

ISBN

• 0118405047 (pbk.)
• 9780118405041 (pbk.)

OCLC

• 677578265
• SCSB-10338235

Owning Institutions

Harvard Library