Unfitness to Plead Consultation Responses - Law Commission ...

the accused faces.
[Paragraph 3.101]
DISAGREE - I DO NOT AGREE WITH PROPORTIONALITY IN THIS CASE -
FOR A PERSON WITH LD ANY CONVICTION WOULD HAVE AN ADVERSE
EFFECT OF THE PERSON'S SLIM CHANCE OF GAINING EMPLOYMENT
(SIMILAR TO A DOCTOR RECIEVING A CONVICTION FOR A MINOR
OFFENCE THAT CAN HAVE A GREAT EFFECT ON EMPLOYMENT). THE
DECISON SHOULD STAND-ALONE, THE DEFENDANT EITHER HAS
DECISON-MAKING CAPACITY OR NOT
(5) Decision-making capacity should be assessed with a view to ascertaining
whether an accused could undergo a trial or plead guilty with the
assistance of special measures and where any other reasonable
adjustments have been made.
[Paragraph 4.27]
DISAGREE - AGAIN IT IS A STAND-ALONE DECISION. I WOULD BE
CONCERNED THAT SPECIAL MEASURES WOULD NOT BE SUFFIECIENT IN
ALL CASES.
(6) Where a defendant who is subject to a trial has a mental disorder or
other impairment and wishes to give evidence then expert evidence on
the general effect of that mental disorder or impairment should be
admissible.
[Paragraph 4.31]
AGREE