Unfitness to Plead Consultation Responses - Law Commission ...

(7) A defined psychiatric test to assess decision-making capacity should be
developed and this should accompany the legal test as to decisionmaking
capacity.
[Paragraph 5.17]
DISAGREE - I AM CONCERNED THAT THIS COULD MAKE THE
ASSESSMENT FORMULEIC AND COULD NOT COVER THE DIVERSITY OF
DEFENDANTS WHO WOULD NEED TO BE ASSESSED - RANGING FROM
THOSE WITH ENDURING MENTAL ILLNESS THROUGH THOSE WITH
ACQUIRED BRAIN INJURY, DEMENTIA AND THOSE WITH LEARNING
DISABILITY OR AUTISTIC SPECTRUM CONDITIONS.
FROM MY EXPERIENCE IN LEARNING DISABILITY AND AUTISTIC
SPECTRUM CONDITIONS THE ABILITY TO ANSWER QUESTIONS ABOUT
VIDEO CLIPS/SCENARIOS CANNOT BE EXTRAPOLATED TO THEIR OWN
PARTICULAR SITUATION.
(8) The present section 4A hearing should be replaced with a procedure
whereby the prosecution is obliged to prove that the accused did the act
or made the omission charged and that there are no grounds for an
acquittal.
[Paragraph 6.140]
AGREE
(9) If the accused is acquitted provision should be made for a judge to hold a
further hearing to determine whether or not the acquittal is because of
mental disorder existing at the time of the offence.
[Paragraph 6.140]