Unfitness to Plead Consultation Responses - Law Commission ...

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UNFITNESS TO PLEAD CONSULTATION RESPONSES These are the responses to the Law Commission’s Consultation Paper, Unfitness to Plead (Law Commission Consultation Paper No 197, 2010). An analysis of the responses, as well as details of the project, can be found at http://lawcommission.justice.gov.uk/areas/unfitness-to-plead.htm. We anticipate that the next publication relating to this project will be a report in 2014. If you have any queries about the project, please direct them to: Email: criminal@lawcommission.gsi.gov.uk Tel: 020 3334 0278 Post: Law Commission, Steel House, 11 Tothill Street, London, SW1H 9LJ
CONSULTEES, LISTED ALPHABETICALLY All Party Parliamentary Group for Children Arthur, Raymond Association of Panel Members Bickle, Andrew Bonnie, Richard Bremer, Zoe British Psychological Society Broadmoor Hospital psychiatrists Carstairs, Kari Centre for Mental Health Council of HM Circuit Judges Craigie, Jillian Crown Prosecution Service De Lacy, Charles Delmage, Enys Duggan, Lorna Edenfield Centre Gilbart QC, HHJ Gralton, Ernest Grubin, Don Hepworth, Karina Howard, Helen Joseph QC, HHJ Wendy
Page 1: Unfitness to Plead Consultation Res
Page 5 and 6: Sarkar, Sameer Searle, Geoff Sense
Page 7 and 8: o The UN Committee on the Rights of
Page 9 and 10: Rethinking the Criminal Responsibil
Page 11 and 12: asic competencies of young people a
Page 13 and 14: parliament to consider rather than
Page 15 and 16: preventing crime. Graham and Bowlin
Page 17 and 18: other areas of the law’ and this
Page 19 and 20: absolute minimum age of criminal re
Page 21 and 22: The views of the judiciary in the U
Page 23 and 24: all children who are alleged to hav
Page 25 and 26: 39 Trevor Jones‘Public Opinion, P
Page 27 and 28: Charity No 1137430 Company No 60065
Page 29 and 30: Charity No 1137430 Company No 60065
Page 31 and 32: From: Bickle Andrew Sent: 10 Januar
Page 33 and 34: Comments on “Unfitness to Plead,
Page 35 and 36: 8. It would be very easy to insert
Page 37 and 38: himself at trial. The Court did not
Page 39 and 40: -----Original Message----- From: Br
Page 41 and 42: Response The Society welcomes the o
Page 43 and 44: for the task in hand. This would ap
Page 45 and 46: 1. Introduction “UNFITNESS TO PLE
Page 47 and 48: On the other hand, the so-called co
Page 49 and 50: The Law Commissioners, Steel House,
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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
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Appendix One GRISSO CRITERIA Thomas
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Justices’ Clerks’ Society Law C
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measures might have a beneficial im
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Question 9: Do consultees think tha
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Response to the Law Commission Cons
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liberating and immensely challengin
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However it is where these two areas
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Pearson was detained for three mont
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wholly agree with, focuses predomin
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Whilst this is a submission in rela
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SECTION 1 : KC RESPONSE TO PROVISIO
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Provisional Proposal 3: The legal t
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Provisional Proposal 5: Decision-ma
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that the defendant’s capacity is
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Question 2: Can consultees think of
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Provisional Proposal 8: The present
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Option 4 which looks at reform to m
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Question 5: Should a jury be able t
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Please note the exploitative scenar
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out in Crown, magistrate and youth
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In the case studies of Mr Y and Mr
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APPENDIX I Case Study: Mr A [This c
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unwell. Mr A was being seen every c
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APPENDIX II Case study: Mr Z [This
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sensitively. A lawyer was obtained
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elease accompanied by a nurse. Kids
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At this time, Mr O ceased engaging
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APPENDIX V MIND: STATICTICS: FACTSH
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per 100,000 in the general populati
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Prisoners and the Mental Health Act
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RESPONSE TO LAW COMMISSION CONSULTA
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3 Admission for treatment. (1) A pa
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(8) Do consultees think that the ca
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UNFITNESS TO PLEAD Response by the
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Example 3E UNFITNESS TO PLEAD Respo
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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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