Unfitness to Plead Consultation Responses - Law Commission ...

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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.
From: Enys Delmage Sent: 16 March 2011 13:17 To: LAWCOM Criminal Law Subject: Fitness to plead consultation paper I had a question - is there not an argument that someone could be unfit to plead on the basis that they are not developmentally mature enough to grasp the process (for those 10 year olds in court)? If so, you may need to change your vernacular from "a person with a disability" - apologies for the very late response to your consultation paper. Dr. Enys Delmage MBChB MRCPsych MMedSc BA Phil LLM Consultant in Adolescent Forensic Psychiatry St. Andrew's Hospital Northampton St Andrew's Healthcare, Billing Road, Northampton NN1 5DG (A charitable company limited by guarantee) Registered in England: Company No. 5176998 Reg. Charity No. 1104951; VAT Number: 120 948 773
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Unfitness to Plead Consultation Res
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CONSULTEES, LISTED ALPHABETICALLY A
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Sarkar, Sameer Searle, Geoff Sense
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o The UN Committee on the Rights of
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Rethinking the Criminal Responsibil
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asic competencies of young people a
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parliament to consider rather than
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preventing crime. Graham and Bowlin
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other areas of the law’ and this
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absolute minimum age of criminal re
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The views of the judiciary in the U
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all children who are alleged to hav
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39 Trevor Jones‘Public Opinion, P
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Charity No 1137430 Company No 60065
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Charity No 1137430 Company No 60065
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From: Bickle Andrew Sent: 10 Januar
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Comments on “Unfitness to Plead,
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8. It would be very easy to insert
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himself at trial. The Court did not
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-----Original Message----- From: Br
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Response The Society welcomes the o
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for the task in hand. This would ap
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1. Introduction “UNFITNESS TO PLE
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On the other hand, the so-called co
Page 49 and 50: The Law Commissioners, Steel House,
Page 51 and 52: Law Commission consultation on unfi
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Page 55 and 56: whether present at the time of the
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Page 59 and 60: difficulties may or may not be fit
Page 61 and 62: profession to treatment, the civil
Page 63 and 64: of the decision the accused must ma
Page 65 and 66: 25. We consider that Provisional Pr
Page 67 and 68: Provisional Proposal 5: Decision-ma
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Page 71 and 72: Provisional Proposal 7: A defined p
Page 73 and 74: 42. The difficulty lies in that the
Page 75 and 76: envisages that there could be an ac
Page 77 and 78: Reply 50. We consider we have alrea
Page 79 and 80: Question 6: Are there circumstances
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Page 87 and 88: The assumption that has been made i
Page 89 and 90: which the court is satisfied that t
Page 91 and 92: The current section 4A procedure re
Page 93 and 94: The CPS then re-reviews the case in
Page 95 and 96: cases, there should be a single tri
Page 97 and 98: magistrates/District Judges, keepin
Page 99: Law Commission Consultation paper N
Page 103 and 104: for meaningful participation in the
Page 105 and 106: (7) A defined psychiatric test to a
Page 107 and 108: (13) In the event of a referral bac
Page 109 and 110: [Paragraph 6.153] N/A (5) Should a
Page 111: [Paragraph 8.68] YES (12) How far i
Page 114 and 115: Question 1: Do consultees agree tha
Page 116 and 117: Question 3: Do consultees agree tha
Page 118 and 119: Question 5: Should a jury be able t
Page 120 and 121: Question 7: Should an accused who i
Page 122 and 123: Question 9: Do consultees think tha
Page 124 and 125: Question 11 Do the matters raised i
Page 126 and 127: Summary of comments regarding propo
Page 128 and 129: 4. Antoine probably reflects a reas
Page 130 and 131: succeed in doing so, but at the cos
Page 132 and 133: kept in a shared wardrobe at the ho
Page 134 and 135: acquittal save those arising from a
Page 136 and 137: From: Ernest Gralton Sent: 14 Decem
Page 138 and 139: then the Home Secretary, said that
Page 140 and 141: Law Commission Consultation Paper N
Page 142 and 143: Provisional Proposals 6 and 7 There
Page 144 and 145: Dear David, HHJ Wendy R. Joseph QC
Page 146 and 147: I totally agree that the test must
Page 148 and 149: Just for Kids Law: Response to the
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We agree with this approach for a r
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Provisional Proposal 6: Where a def
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Article 6 protection would also giv
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Question 6: Are there circumstances
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judges, politicians, advocates, and
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Appendix One GRISSO CRITERIA Thomas
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Justices’ Clerks’ Society Law C
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measures might have a beneficial im
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Question 3: Do consultees agree tha
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Question 9: Do consultees think tha
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Response to the Law Commission Cons
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liberating and immensely challengin
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However it is where these two areas
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Pearson was detained for three mont
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wholly agree with, focuses predomin
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Whilst this is a submission in rela
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SECTION 1 : KC RESPONSE TO PROVISIO
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Provisional Proposal 3: The legal t
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Provisional Proposal 5: Decision-ma
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that the defendant’s capacity is
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Question 2: Can consultees think of
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Provisional Proposal 8: The present
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Option 4 which looks at reform to m
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Question 5: Should a jury be able t
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Please note the exploitative scenar
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out in Crown, magistrate and youth
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In the case studies of Mr Y and Mr
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APPENDIX I Case Study: Mr A [This c
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unwell. Mr A was being seen every c
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APPENDIX II Case study: Mr Z [This
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sensitively. A lawyer was obtained
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elease accompanied by a nurse. Kids
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At this time, Mr O ceased engaging
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APPENDIX V MIND: STATICTICS: FACTSH
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per 100,000 in the general populati
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Prisoners and the Mental Health Act
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RESPONSE TO LAW COMMISSION CONSULTA
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3 Admission for treatment. (1) A pa
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(8) Do consultees think that the ca
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UNFITNESS TO PLEAD Response by the
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Example 3E UNFITNESS TO PLEAD Respo
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Law Commission consultation paper n
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(1) understand the charges (2) be c
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Further, given that some clinicians
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In addition to the above proposals,
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that defendants with mental health
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Response to the Consultation Paper
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We consider that the concerns about
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Unfitness to plead - Some Responses
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or made the omission charged and th
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(6) Are there circumstances in whic
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statistics. In 2008 there were 484
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LAW COMMISSION CONSULTATION: UNFITN
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Our Comments We are not criminal pr
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4. We have been asked to suggest or
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particular tool should necessarily
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My comments refer to the recent Con
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NATIONAL BENCH CHAIRMEN’S FORUM A
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National Bench Chairmen’s Forum T
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RESPONSE TO THE LAW COMMISSION’S
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There is a real danger in conflatin
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physical strength and sexual awaken
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The group felt that many experts’
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Tel: Fitzwilliam College Fax: Cambr
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Unfitness to Plead: the place to fi
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court proceedings” (at para 149).
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processes, and, indeed, on the comp
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of the European Court of Human Righ
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Law Commission Steel House 11 Tothi
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obligations, it would be much easie
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Response to the Law Commission’s
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fit to plead, the availability and
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disability) there should be a power
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Disposal under the Mental Health Ac
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I agree. There should be a test of
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Gray, N.S., O’Connor, C., William
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On the Friday, the day before she w
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The following Thursday at The Black
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Cases involving the learning disabl
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Graham Rogers and Associates Limite
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In this case, it is being proposed
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Being able to ‘read’ The Sun or
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test, it may also begin to indicate
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subjected to the new provisions mus
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introduction, more than ten times t
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Response to Consultation paper 197,
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emand have significant personal cos
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Where possible an individual should
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epetition of evidence or the provis
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months, and are unlikely to refer b
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Question 12: How far if at all, doe
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Consultation Proposals Provisional
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agreement on the primary issue enga
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It would of course be concerning if
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witnesses who are commissioned to u
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PO BOX 3544 Wokingham, RG40 9FA T 0
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Response to Consultation Paper on U
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Unfitness to Plead Sense Response P
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- Congenitally deafblind children a
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The deafblind population has been s
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take up to 15 minutes to read a sho
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For example - A deafblind person C
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- Allowing the deafblind person to
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RESPONSE TO THE LAW COMMISSION CONS
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g. However, In some circumstances,
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QUESTION 9 Do consultees think that
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Obviously the judge should be guide
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Question 7: Should an accused who i
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problems which arose in B & others
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Page 4 of 4
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1. Introduction Victim Support is t
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In our view, a general difficulty w
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We are in support of this provision
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Question 1: Do consultees agree tha
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Preliminary Comments Dr Eileen Viza
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3 ‘developmental immaturity’ co
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PART 9 LIST OF PROVISIONAL PROPOSAL
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7 (9) If the accused is acquitted p
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9 (9) Do consultees think that if a
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11 Other References All Party Parli
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