Unfitness to Plead Consultation Responses - Law Commission ...

LAW COMMISSION CONSULTATION: UNFITNESS TO PLEAD
3. Assessment of capacity
but may be unable to follow normal procedures or proceedings due to their
oral nature. Moreover, the odd or rigid social demeanour of subjects and
the tendency to highly literal responses to questions may be misinterpreted
by police or a jury and prejudicial to the outcome of any such proceedings.
a. It is important that the assessment is undertaken by two medical practitioners and
essential that at least one of whom should be competent in the diagnosis and
assessment of individuals with autistic disorder. Often the presence of an autistic
condition will not be easily determined unless there is such expertise. This is
particularly so where the clinical presentation is subtle, complex or complicated by
other disorders.
b. It is important to understand the persons understanding of the act and any
proceedings. This may be overlooked, especially if the individual is of normal or
above average IQ. It is assumed they know and understand – when the do not.
4. Response to questions (9.2 p182)
Richard Mills
1. I agree that this would allow flexibility and a more appropriate response. A code of
practice for such special measures would be helpful.
2. Assessment by at least one specialist in autism. Agree with proposal 6. The proceedings
could be improved by reducing the level of extraneous factors e.g. video link or making
the proceedings accessible through visual rather than auditory means. The NAS could
offer advice on this.
3. Generally yes. see above
4. No comment
5. Yes, subject to safeguards provided by the psychiatric examination.
6. Yes
7. Yes
8. Yes. Fact finding would be most helpful. This can make use of local specialist provision
and expertise
9. Yes- see above.
10. Yes –should mirror 8 and 9
11. Yes
26 February 2011
12. As other young persons.
CONSULTATION RESPONSE
RICHARD MILLS, THE NATIONAL AUTISTIC SOCIETY; FEB 2011