Unfitness to Plead Consultation Responses - Law Commission ...

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NATIONAL BENCH CHAIRMEN’S FORUM A Response to the Law Commission Consultation Paper 197 - Unfitness to Plead.
NATIONAL BENCH CHAIRMEN’S FORUM National Bench Chairmen’s Forum The Chief Magistrates’ Office, 70 Horseferry Road, London SW1P 2AX Tel: E-mail: 20th January 2011 A Response to the Law Commission Consultation Paper 197 – Unfitness to Plead. The National Bench Chairmen’s Forum The National Bench Chairmen’s Forum is made up of an elected representative from each of seven Regional Forums in England and Wales to which all Bench Chairmen have access and where they can discuss issues of mutual concern, share good practice and develop networks. The National Bench Chairmen’s Forum provides a framework to support the 250 Chairs of Magistrates Benches in England and Wales and a voice at national level so that their views can be effectively taken into account. Representatives of the National Bench Chairmen’s Forum participate in regular liaison meetings with the Senior Presiding Judge, Chief Executive of HMCS, the Justices Clerks Society and the Magistrates Association, and other key members of the judiciary and administration. The National Bench Chairmen’s Forum is consulted by governmental departments and other bodies in respect of issues that affect the business of magistrate’s courts. The National Bench Chairmen’s Forum Response to the Consultation Paper. Introduction The National Bench Chairmen’s Forum supports the 250 Chairs of Magistrates Benches throughout England and Wales whose jurisdiction and expertise extends to the Adult Magistrates Court and the Youth Court. The National Bench Chairmen’s Forum has therefore limited its response to those questions contained within the consultation paper that are relevant to Magistrates Courts jurisdiction. (Q’s 8-12). This response encompasses a consolidation of the views received by the National Bench Chairmen’s Forum from its executive. Q8) Do consultees think that the capacity based test which we have proposed for trial on indictment should apply equally to proceedings which are triable summarily? The National Bench Chairmen’s Forum agrees that the capacity based test that has been proposed for trial on indictment should equally apply to summary proceedings both within the Adult Magistrates Court and the Youth Court. The procedure currently in place provided by s37 of the Mental Health Act 1983 is less than satisfactory. This is particularly the case in the Youth Court, where the issue of capacity is more common and the court has jurisdiction to hear more serious charges which in the case of an adult are tried in the Crown Court. Within the Magistrates Courts, the lack of a formal procedure leads to difficulties in case management and the onus rests with defence practitioners, rather than the court, 2
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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
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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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Page 262 and 263: UNFITNESS TO PLEAD Response by the
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Page 276 and 277: (1) understand the charges (2) be c
Page 278 and 279: Further, given that some clinicians
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Page 284 and 285: Response to the Consultation Paper
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Page 294 and 295: Unfitness to plead - Some Responses
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Page 302 and 303: LAW COMMISSION CONSULTATION: UNFITN
Page 304 and 305: Our Comments We are not criminal pr
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Page 310 and 311: My comments refer to the recent Con
Page 314 and 315: National Bench Chairmen’s Forum T
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Page 318 and 319: There is a real danger in conflatin
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Page 326 and 327: Tel: Fitzwilliam College Fax: Cambr
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Page 332 and 333: processes, and, indeed, on the comp
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Page 348 and 349: I agree. There should be a test of
Page 350 and 351: Gray, N.S., O’Connor, C., William
Page 352 and 353: On the Friday, the day before she w
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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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