Unfitness to Plead Consultation Responses - Law Commission ...

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out in Crown, magistrate and youth courts with regard to incapacity. There are a number of reasons for this logic. First there is a standardised test that can be applied at an earlier stage in the criminal justice system. With regards to our client group this could mean the chance to receive treatment earlier on before potentially having committed further graver offences, which can be attributed to a deterioration of an untreated condition. If screened and dealt with in the Magistrates’ court the burden on Crown court in either way offences, which would have at present to be sent to the Crown court if unfitness to plead was a live issue so that it can be appropriately dealt with. Finally if dealt with at the Magistrates’ court, there should be a positive cost implication for the criminal justice budget. The above would also be our response in relation to a similar procedure being mirrored in youth courts. 31
SECTION 2 KIDS COMPANY CASE STUDY Please refer to the set of cases studies at Appendix I - IV As our responses highlight, we commend the Law Commission in relation to their proposal as set out in CP. However there are number of areas that in our practical experience have not been addressed adequately and we therefore raise them at this stage. The CP makes brief reference at paragraph 2.62 to the role that of determination of unfitness to plead has with respect to the role of the legal profession and unsatisfactory screening procedures so that a client’s mental state is identified as soon as possible. It correctly identifies the core issues, which are illustrated through Mr A case study at Appendix I. Mr A’s experience was that his solicitor was not able to determine or lacked the positive onus to screen for Mr A’s mental capacity. The LSC requirement to obtain prior authorisation to carry out such reports leaves the fate of the client in a somewhat of a pot luck situation, in that whether a report is carried out is somewhat determined by the quality and initiative of the legal representative. This does abide by the principle of fairness. Furthermore as set out in the case study of Mr Z; had a Kids Company representative not been present to advocate on behalf of the client to produce a psychiatric report this crucial piece of work would not have been afforded to Mr Z’s case. 32
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Unfitness to Plead Consultation Res
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CONSULTEES, LISTED ALPHABETICALLY A
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Sarkar, Sameer Searle, Geoff Sense
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o The UN Committee on the Rights of
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Rethinking the Criminal Responsibil
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asic competencies of young people a
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parliament to consider rather than
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preventing crime. Graham and Bowlin
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other areas of the law’ and this
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absolute minimum age of criminal re
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The views of the judiciary in the U
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all children who are alleged to hav
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39 Trevor Jones‘Public Opinion, P
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Charity No 1137430 Company No 60065
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Charity No 1137430 Company No 60065
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From: Bickle Andrew Sent: 10 Januar
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Comments on “Unfitness to Plead,
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8. It would be very easy to insert
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himself at trial. The Court did not
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-----Original Message----- From: Br
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Response The Society welcomes the o
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for the task in hand. This would ap
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1. Introduction “UNFITNESS TO PLE
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On the other hand, the so-called co
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The Law Commissioners, Steel House,
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Law Commission consultation on unfi
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could possibly mean that they take
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whether present at the time of the
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disposals. We consider that the ref
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difficulties may or may not be fit
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profession to treatment, the civil
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of the decision the accused must ma
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25. We consider that Provisional Pr
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Provisional Proposal 5: Decision-ma
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giving evidence, it is unlikely tha
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Provisional Proposal 7: A defined p
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42. The difficulty lies in that the
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envisages that there could be an ac
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Reply 50. We consider we have alrea
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Question 6: Are there circumstances
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uilds upon the disposal of the case
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determination of jurisdiction as ap
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age” in which term we include the
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The assumption that has been made i
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which the court is satisfied that t
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The current section 4A procedure re
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The CPS then re-reviews the case in
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cases, there should be a single tri
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magistrates/District Judges, keepin
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Law Commission Consultation paper N
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From: Enys Delmage Sent: 16 March 2
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for meaningful participation in the
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(7) A defined psychiatric test to a
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(13) In the event of a referral bac
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[Paragraph 6.153] N/A (5) Should a
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[Paragraph 8.68] YES (12) How far i
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Question 1: Do consultees agree tha
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Question 5: Should a jury be able t
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Question 7: Should an accused who i
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Question 9: Do consultees think tha
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Question 11 Do the matters raised i
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Summary of comments regarding propo
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4. Antoine probably reflects a reas
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succeed in doing so, but at the cos
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kept in a shared wardrobe at the ho
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acquittal save those arising from a
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From: Ernest Gralton Sent: 14 Decem
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then the Home Secretary, said that
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Law Commission Consultation Paper N
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Provisional Proposals 6 and 7 There
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Dear David, HHJ Wendy R. Joseph QC
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I totally agree that the test must
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Just for Kids Law: Response to the
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Page 160 and 161: Appendix One GRISSO CRITERIA Thomas
Page 162 and 163: Justices’ Clerks’ Society Law C
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Page 166 and 167: Question 3: Do consultees agree tha
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
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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 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
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UNFITNESS TO PLEAD Response by the
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Law Commission consultation paper n
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(1) understand the charges (2) be c
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Further, given that some clinicians
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In addition to the above proposals,
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that defendants with mental health
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Response to the Consultation Paper
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We consider that the concerns about
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Unfitness to plead - Some Responses
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or made the omission charged and th
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(6) Are there circumstances in whic
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statistics. In 2008 there were 484
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LAW COMMISSION CONSULTATION: UNFITN
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Our Comments We are not criminal pr
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4. We have been asked to suggest or
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particular tool should necessarily
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My comments refer to the recent Con
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NATIONAL BENCH CHAIRMEN’S FORUM A
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National Bench Chairmen’s Forum T
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RESPONSE TO THE LAW COMMISSION’S
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There is a real danger in conflatin
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physical strength and sexual awaken
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The group felt that many experts’
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Tel: Fitzwilliam College Fax: Cambr
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Unfitness to Plead: the place to fi
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court proceedings” (at para 149).
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processes, and, indeed, on the comp
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of the European Court of Human Righ
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Law Commission Steel House 11 Tothi
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obligations, it would be much easie
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Response to the Law Commission’s
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fit to plead, the availability and
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disability) there should be a power
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Disposal under the Mental Health Ac
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I agree. There should be a test of
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Gray, N.S., O’Connor, C., William
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On the Friday, the day before she w
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The following Thursday at The Black
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Cases involving the learning disabl
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Graham Rogers and Associates Limite
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In this case, it is being proposed
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Being able to ‘read’ The Sun or
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test, it may also begin to indicate
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subjected to the new provisions mus
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introduction, more than ten times t
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Response to Consultation paper 197,
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emand have significant personal cos
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Where possible an individual should
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epetition of evidence or the provis
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months, and are unlikely to refer b
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Question 12: How far if at all, doe
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Consultation Proposals Provisional
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agreement on the primary issue enga
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It would of course be concerning if
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witnesses who are commissioned to u
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PO BOX 3544 Wokingham, RG40 9FA T 0
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Response to Consultation Paper on U
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Unfitness to Plead Sense Response P
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- Congenitally deafblind children a
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The deafblind population has been s
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take up to 15 minutes to read a sho
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For example - A deafblind person C
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- Allowing the deafblind person to
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RESPONSE TO THE LAW COMMISSION CONS
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g. However, In some circumstances,
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QUESTION 9 Do consultees think that
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Obviously the judge should be guide
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Question 7: Should an accused who i
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problems which arose in B & others
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Page 4 of 4
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1. Introduction Victim Support is t
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In our view, a general difficulty w
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We are in support of this provision
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Preliminary Comments Dr Eileen Viza
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3 ‘developmental immaturity’ co
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PART 9 LIST OF PROVISIONAL PROPOSAL
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7 (9) If the accused is acquitted p
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9 (9) Do consultees think that if a
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11 Other References All Party Parli
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