Unfitness to Plead Consultation Responses - Law Commission ...

In the case studies of Mr Y and Mr O the long-term effects the youth criminal justice
system not addressing mental illness is not only dangerous to the individual affected but
to the wider public. The need for Magistrates and youth courts to have a test and to be
able to deal with the accused who are unfit to plead is an effective form of early
intervention in relation to treating mental disorders and disabilities.
Whilst these are a few cases of many that we deal with, they are indicative of the kinds
of practical realities that are faced by clients who are vulnerable due to mental disorders
or disabilities. In consultation with our key workers who escort high risk clients we have
received feedback that where there are clients who have mental disorders or disabilities
having an advocate, who can independently liaise with the legal professional ensures
that the vulnerabilities of that client may be picked up on. Whilst legal professionals are
trained in the law, it may also be necessary for additional training as set out in the
Bradley Report in screening and awareness of conditions that clients may present with
and also the way in which to manage clients with certain mental disorders and
disabilities to ensure that the client’s best interest are understood as best possible.
CONCLUSION
We commend the CP and the Law Commission for its bold proposals in a neglected
area of law which will assist a vulnerable section of society. We have raised our
concerns and should we be required to provide additional responses or clarification then
we are happy to assist where possible.
A further question that we think is relevant is in relation to practical implementation –
should these proposals become effective to what extent will budgetary implications affect
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