Unfitness to Plead Consultation Responses - Law Commission ...

However it is where these two areas intersect, that we have to ensure that our client
group is treated justly 4 .
As such we have been monitoring the legal position on unfitness to plead since we first
raised our concerns in 2007, with then presiding Law Commissioner Professor Jeremy
Horder. We are therefore delighted that the Law Commission has sought to bring about
reform in this particular area of criminal law, and we, in line with the consensus, agree
this has been long overdue.
Need for Reform: A Kids Company Perspective
To understand why there is indeed this notion of unfitness to plead we can turn to the
Consultation Paper (CP) itself where it cites Lord Chief Justice Keynon:
“No man shall be called upon to make his defence at a time when his mind is in
that situation as not to appear capable of so doing” 5 .
Moreover we agree that the principle is further explained through Professor R A Duff’s
argument:
“that the reason why an unfit accused should not be tried is that the trial would be
a travesty, we would be attempting or pretending to treat as a rational agent,
answerable for his actions, someone who cannot answer them” 6
4
Please read Appendix V Mind, leading UK mental health charity, Statistic 8 on Mental Health
and the Criminal Justice System.
5 The Law Commission Consultation Paper No 197 Unfitness to Plead [CP] (2010) p 14 para 2.5.
5