Unfitness to Plead Consultation Responses - Law Commission ...

Question 2:
Can consultees think of other changes to evidence or procedure which would render
participation in the trial process more effective for defendants who have decisionmaking
capacity but due to a mental disorder or other impairment require additional
assistance to participate?
This question refers to Provisional Proposal 6 and paragraphs 4.28 to 4.31:
Provisional Proposal 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.
Response
The courts should take into consideration expert evidence on the general effect the
individuals mental disorder may have on the trial process. For example if an
individual is suffering from a psychotic illness and has persecutory delusional beliefs
regarding video equipment, addressing court using a video link would be
inappropriate. Therefore proposed measures should be individualised and not
applied broadly.
Individuals with learning difficulty may benefit from repetition or the provision of
alternative means of presenting evidence other than the spoken word such as written
or audio visual methods.
Consideration should be made as to whether individuals within a court room should
wear less formal attire, with specially trained judges/barristers expert in mental
disordered cases.
There are however practical concerns as to how this may be achieved, by whom,
and the financial implications.
3 of 14