Unfitness to Plead Consultation Responses - Law Commission ...

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sensitively. A lawyer was obtained and I attended the listed hearing along with the lawyer to support Mr Z. Upon arrival at the court, despite a solicitor being instructed by Mr Z and arranged by Kids Company, a duty solicitor had been into the cells to speak to Mr Z and had him sign legal aid forms and instruct him. I spoke to the solicitor and said he was unwell and it was unethical to change his lawyer to someone who knew nothing about the case or his history at the last minute and he had instruction, and the lawyer became extremely verbally abusive and started shouting. This lawyer then disappeared (with the signed legal aid forms) and I with another key worker who had been working with Mr Z offsite pleaded with the lawyer to stay. She did and represented Mr Z who sat growling and staring under his brow at the magistrate. He did not know the difference between the lawyer who he had seen in the cell and the other lawyer; he did not follow clearly what was going on, and the magistrate who was visibly irritated agreed to send him back to Brixton, for Kids Company to arrange a psychiatric assessment with Brixton and for him to appear at Crown Court. This highlights the need for a procedure to ensure that from the outset of the criminal process unfitness to plead is considered. Kids Company sent a psychiatrist (privately paid for) to work with the Brixton mental health team and Mr Z was remanded in the secure wing to begin treatment for psychosis. Mr Z was deported before his trial or completion of his treatment unexpectedly from Brixton prison to the Ivory Coast, Kids Company only knew of this after a letter written from Mr Z to a worker arrived after the event. 41
APPENDIX III Mr Y [This case study has been anonymised to protect our client’s identity and confidentiality] Mr Y had attended Kids Company’s Urban Academy facility (a post-sixteen education centre located in Bermondsey). He had successfully obtained a job and moved forward from our services and our project. He was described as a friendly, funny young man with great potential. One afternoon Mr Y was seen by staff on the opposite side of the road to our centre and they went to greet him. He was pacing erratically up and down the pavement. Mr Y was clutching at his clothing and flesh “to pull the feathers off”. The staff contacted one of the safeguarding team high risk outreach workers who came and spoke to Mr Y. By the time the worker had arrived Mr Y had contacted his cousin who came to collect him. The worker had a discussion with the cousin, and Mr Y, the cousin and the Kids Company worker attended a hospital accident and emergency department. On the way to the department Mr Y wet himself whilst walking along. Mr Y was seen and was treated as an outpatient and given follow up appointments, which he struggled to attend even with support. Following an incident Kids Company were not involved in, Mr Y was eventually sectioned. He remained under section for many months moving between wards, and his mental state did not seem to improve despite medication. He had a confused thought process, was incapable of holding a conversation with any logical flow, and would at times telephone staff members up to thirty times in an hour and all day from the hospital. Mr Y was eventually allowed on day 42
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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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Provisional Proposal 6: Where a def
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Article 6 protection would also giv
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Question 6: Are there circumstances
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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 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
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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 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 212 and 213: elease accompanied by a nurse. Kids
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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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