Unfitness to Plead Consultation Responses - Law Commission ...

elease accompanied by a nurse. Kids Company attended one of these visits and the
worker was concerned about the sexualised manner in which he was speaking about
and talking to women. This was reported to the psychiatrist in charge of his care. Kids
Company also attended a hearing during his time in hospital at which he requested to be
released and it was deemed at that hearing that he was too unwell, and not capable of
making safe or rational choices.
At some point during this time, a rape allegation was made against Mr Y by a former
girlfriend who was pregnant with his child. It was clear that this allegation was made and
the event took place after Mr Y had first been to hospital evidencing symptoms of mental
disorder but whilst he was in the community. The concern that we have here is that there
needs to be procedure in place to deal with unfit to plead accused whilst on bail or
remand and treatment plans to ensure the safety of not only the accused but also the
public at large.
Recently Mr Y (who is still awaiting trial for this first charge) was charged with assault. It
was deemed that with support, Mr Y, who remains unwell, could be discharged to be
looked after in the community. My Y would be allowed to return to his own flat. He was
taken off the ward and was left to wait in the hospital whilst someone came to
accompany him home. During this time an argument ensued between himself and a
member of hospital staff in which Mr Y either spat at or struck a member of staff. The
police, as he was no longer under section on the ward, decided he could be arrested
and detained and so he is awaiting trial for this incident and currently incarcerated in
prison without a robust package of mental health support. He has attended a
Magistrates court and entered a plea with a duty solicitor who will not have his significant
mental ill health history.
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