Unfitness to Plead Consultation Responses - Law Commission ...

More documents

Recommendations

Info

Provisional Proposals 6 and 7 There is currently no set psychiatric test 3 and existing psychiatric tests are criticised. 4 The proposal that the test should assess decision-making capacity is concerning. The ultimate decision should lie with the court. Will a judge allow for the consideration of factors outside of the, as yet unwritten and untested, psychiatric test, or will he be exclusively guided by it? The danger here is that too much weight may be attached to the opinion of psychiatrists who will make the final decision as to whether an individual has the capacity to enter the criminal justice system. The potential to admit evidence that falls outside of the experience of experts in line with the proposed Scottish model 5 seems to be rejected on the grounds that “the majority of cases...concern conditions in relation to which psychiatric opinion is relevant.” 6 While it is accepted that the opinions of two medical practitioners are necessary, it is hoped that this will not exclude the possibility of evidence outside of the psychiatric remit where this would be useful. It may be helpful, for example, where an accused is being educated in a school which caters for special educational needs, for a teacher to provide evidence. Equally, where social services are involved in supporting the accused, the opinion of a social worker could be pertinent. The psychiatric test should merely “assist in measuring the capacity of the accused” 7 and not usurp the position of the legal test. 3 Para. 5.2. 4 Para. 5.3. 5 Para. 5.24-5.28. 6 Para. 5.36. 7 Para. 5.39. 3
Summary In terms of the proposed capacity test, the proposals go a substantial way towards remedying the problems connected to the current law on unfitness to plead. With the caveat that the legal test should contain a reference to temporary or permanent physical or mental illness, and that there should be caution in creating an over- dependence on the psychiatric test, the proposed reforms deserve support. Most importantly, the paranoid schizophrenic who is hindered by his own psychosis from presenting and challenging evidence will be recognised as lacking the decision making capacity to stand trial. In the writer’s opinion, such a test is a positive step towards the protection of vulnerable adults. 4
Page 1 and 2:
Unfitness to Plead Consultation Res
Page 3 and 4:
CONSULTEES, LISTED ALPHABETICALLY A
Page 5 and 6:
Sarkar, Sameer Searle, Geoff Sense
Page 7 and 8:
o The UN Committee on the Rights of
Page 9 and 10:
Rethinking the Criminal Responsibil
Page 11 and 12:
asic competencies of young people a
Page 13 and 14:
parliament to consider rather than
Page 15 and 16:
preventing crime. Graham and Bowlin
Page 17 and 18:
other areas of the law’ and this
Page 19 and 20:
absolute minimum age of criminal re
Page 21 and 22:
The views of the judiciary in the U
Page 23 and 24:
all children who are alleged to hav
Page 25 and 26:
39 Trevor Jones‘Public Opinion, P
Page 27 and 28:
Charity No 1137430 Company No 60065
Page 29 and 30:
Charity No 1137430 Company No 60065
Page 31 and 32:
From: Bickle Andrew Sent: 10 Januar
Page 33 and 34:
Comments on “Unfitness to Plead,
Page 35 and 36:
8. It would be very easy to insert
Page 37 and 38:
himself at trial. The Court did not
Page 39 and 40:
-----Original Message----- From: Br
Page 41 and 42:
Response The Society welcomes the o
Page 43 and 44:
for the task in hand. This would ap
Page 45 and 46:
1. Introduction “UNFITNESS TO PLE
Page 47 and 48:
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
Page 53 and 54:
could possibly mean that they take
Page 55 and 56:
whether present at the time of the
Page 57 and 58:
disposals. We consider that the ref
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
Page 69 and 70:
giving evidence, it is unlikely tha
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
Page 81 and 82:
uilds upon the disposal of the case
Page 83 and 84:
determination of jurisdiction as ap
Page 85 and 86:
age” in which term we include the
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 and 100: Law Commission Consultation paper N
Page 101 and 102: From: Enys Delmage Sent: 16 March 2
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 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 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
Page 150 and 151: We agree with this approach for a r
Page 152 and 153: Provisional Proposal 6: Where a def
Page 154 and 155: Article 6 protection would also giv
Page 156 and 157: Question 6: Are there circumstances
Page 158 and 159: judges, politicians, advocates, and
Page 160 and 161: Appendix One GRISSO CRITERIA Thomas
Page 162 and 163: Justices’ Clerks’ Society Law C
Page 164 and 165: measures might have a beneficial im
Page 168 and 169: Question 9: Do consultees think tha
Page 170 and 171: Response to the Law Commission Cons
Page 172 and 173: liberating and immensely challengin
Page 174 and 175: However it is where these two areas
Page 176 and 177: Pearson was detained for three mont
Page 178 and 179: wholly agree with, focuses predomin
Page 180 and 181: Whilst this is a submission in rela
Page 182 and 183: SECTION 1 : KC RESPONSE TO PROVISIO
Page 184 and 185: Provisional Proposal 3: The legal t
Page 186 and 187: Provisional Proposal 5: Decision-ma
Page 188 and 189: that the defendant’s capacity is
Page 190 and 191: Question 2: Can consultees think of
Page 192 and 193:
Provisional Proposal 8: The present
Page 194 and 195:
Option 4 which looks at reform to m
Page 196 and 197:
Question 5: Should a jury be able t
Page 198 and 199:
Please note the exploitative scenar
Page 200 and 201:
out in Crown, magistrate and youth
Page 202 and 203:
In the case studies of Mr Y and Mr
Page 204 and 205:
APPENDIX I Case Study: Mr A [This c
Page 206 and 207:
unwell. Mr A was being seen every c
Page 208 and 209:
APPENDIX II Case study: Mr Z [This
Page 210 and 211:
sensitively. A lawyer was obtained
Page 212 and 213:
elease accompanied by a nurse. Kids
Page 214 and 215:
At this time, Mr O ceased engaging
Page 216 and 217:
APPENDIX V MIND: STATICTICS: FACTSH
Page 218 and 219:
per 100,000 in the general populati
Page 220 and 221:
Prisoners and the Mental Health Act
Page 222 and 223:
RESPONSE TO LAW COMMISSION CONSULTA
Page 224 and 225:
3 Admission for treatment. (1) A pa
Page 226 and 227:
(8) Do consultees think that the ca
Page 228 and 229:
UNFITNESS TO PLEAD Response by the
Page 230 and 231:
Page 232 and 233:
Example 3E UNFITNESS TO PLEAD Respo
Page 234 and 235:
Page 236 and 237:
Page 238 and 239:
Page 240 and 241:
Page 242 and 243:
Page 244 and 245:
Page 246 and 247:
Page 248 and 249:
Page 250 and 251:
Page 252 and 253:
Page 254 and 255:
Page 256 and 257:
Page 258 and 259:
Page 260 and 261:
Page 262 and 263:
Page 264 and 265:
Page 266 and 267:
Page 268 and 269:
Page 270 and 271:
Page 272 and 273:
Page 274 and 275:
Law Commission consultation paper n
Page 276 and 277:
(1) understand the charges (2) be c
Page 278 and 279:
Further, given that some clinicians
Page 280 and 281:
In addition to the above proposals,
Page 282 and 283:
that defendants with mental health
Page 284 and 285:
Response to the Consultation Paper
Page 286 and 287:
We consider that the concerns about
Page 294 and 295:
Unfitness to plead - Some Responses
Page 296 and 297:
or made the omission charged and th
Page 298 and 299:
(6) Are there circumstances in whic
Page 300 and 301:
statistics. In 2008 there were 484
Page 302 and 303:
LAW COMMISSION CONSULTATION: UNFITN
Page 304 and 305:
Our Comments We are not criminal pr
Page 306 and 307:
4. We have been asked to suggest or
Page 308 and 309:
particular tool should necessarily
Page 310 and 311:
My comments refer to the recent Con
Page 312 and 313:
NATIONAL BENCH CHAIRMEN’S FORUM A
Page 314 and 315:
National Bench Chairmen’s Forum T
Page 316 and 317:
RESPONSE TO THE LAW COMMISSION’S
Page 318 and 319:
There is a real danger in conflatin
Page 320:
physical strength and sexual awaken
Page 324 and 325:
The group felt that many experts’
Page 326 and 327:
Tel: Fitzwilliam College Fax: Cambr
Page 328 and 329:
Unfitness to Plead: the place to fi
Page 330 and 331:
court proceedings” (at para 149).
Page 332 and 333:
processes, and, indeed, on the comp
Page 334 and 335:
of the European Court of Human Righ
Page 336 and 337:
Law Commission Steel House 11 Tothi
Page 338 and 339:
obligations, it would be much easie
Page 340 and 341:
Response to the Law Commission’s
Page 342 and 343:
fit to plead, the availability and
Page 344 and 345:
disability) there should be a power
Page 346 and 347:
Disposal under the Mental Health Ac
Page 348 and 349:
I agree. There should be a test of
Page 350 and 351:
Gray, N.S., O’Connor, C., William
Page 352 and 353:
On the Friday, the day before she w
Page 354 and 355:
The following Thursday at The Black
Page 356 and 357:
Cases involving the learning disabl
Page 358 and 359:
Graham Rogers and Associates Limite
Page 360 and 361:
In this case, it is being proposed
Page 362 and 363:
Being able to ‘read’ The Sun or
Page 364 and 365:
test, it may also begin to indicate
Page 366 and 367:
subjected to the new provisions mus
Page 368 and 369:
introduction, more than ten times t
Page 370 and 371:
Response to Consultation paper 197,
Page 372 and 373:
emand have significant personal cos
Page 374 and 375:
Where possible an individual should
Page 376 and 377:
epetition of evidence or the provis
Page 378 and 379:
months, and are unlikely to refer b
Page 380 and 381:
Question 12: How far if at all, doe
Page 382 and 383:
Consultation Proposals Provisional
Page 384 and 385:
agreement on the primary issue enga
Page 386 and 387:
It would of course be concerning if
Page 388 and 389:
witnesses who are commissioned to u
Page 390 and 391:
PO BOX 3544 Wokingham, RG40 9FA T 0
Page 392 and 393:
Response to Consultation Paper on U
Page 394 and 395:
Page 396 and 397:
Page 398 and 399:
Page 400 and 401:
Unfitness to Plead Sense Response P
Page 402 and 403:
- Congenitally deafblind children a
Page 404 and 405:
The deafblind population has been s
Page 406 and 407:
take up to 15 minutes to read a sho
Page 408 and 409:
For example - A deafblind person C
Page 410 and 411:
- Allowing the deafblind person to
Page 412 and 413:
RESPONSE TO THE LAW COMMISSION CONS
Page 414 and 415:
g. However, In some circumstances,
Page 416 and 417:
QUESTION 9 Do consultees think that
Page 418 and 419:
Obviously the judge should be guide
Page 420:
Question 7: Should an accused who i
Page 423 and 424:
problems which arose in B & others
Page 425 and 426:
Page 4 of 4
Page 427 and 428:
1. Introduction Victim Support is t
Page 429 and 430:
In our view, a general difficulty w
Page 431 and 432:
We are in support of this provision
Page 433 and 434:
Question 1: Do consultees agree tha
Page 435 and 436:
Preliminary Comments Dr Eileen Viza
Page 437 and 438:
3 ‘developmental immaturity’ co
Page 439 and 440:
PART 9 LIST OF PROVISIONAL PROPOSAL
Page 441 and 442:
7 (9) If the accused is acquitted p
Page 443 and 444:
9 (9) Do consultees think that if a
Page 445:
11 Other References All Party Parli
show all

Unfitness to Plead Consultation Responses - Law Commission ...

Create successful ePaper yourself

Delete template?

Save as template?