Unfitness to Plead Consultation Responses - Law Commission ...

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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 33
their implementation and are there alternatives being formulated if such practical constraints arise. A final general comment from our experience, where there are mental health concerns and involvement in the criminal justice system, there may be parallel involvement in other areas of the justice system. In the current climate there needs to be a multi-agency approach to deal with vulnerable people and children, so that they have fairer treatment but also so the system can work more productively. In effect that is what all legal reforms are essentially regarding. 34
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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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We agree with this approach for a r
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Page 154 and 155: Article 6 protection would also giv
Page 156 and 157: Question 6: Are there circumstances
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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 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
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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 232 and 233: Example 3E UNFITNESS TO PLEAD Respo
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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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