Unfitness to Plead Consultation Responses - Law Commission ...

Defined Psychiatric Test 5.17
I wondered about the practicality of the proposal in the light of the lack of
agreement on a defined test in the USA. I think the combination of the test with a
clinical opinion is helpful if a defined psychiatric test is adopted as this allows for
flexibility of approach.
Section 4A Hearings 6.140, 152 7.21, 7.59
I read the proposals with interest. I can see the sense of cases returned for trial
where the defendant is still found to be unfit to be remitted back to hospital without
another trial of the facts.
I can imagine if the fault component is introduced to the sec 4A process then cases
prior to any change in the law might want the chance of an acquittal under the new
system if they had been returned to court and then found unfit.
Charles de Lacy
Clinical Nurse Specialist Central Criminal Court
24 th January 2011.