Unfitness to Plead Consultation Responses - Law Commission ...

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,
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