Unfitness to Plead Consultation Responses - Law Commission ...

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physical strength and sexual awakening of the individual has outstripped their social maturity. We appreciate the pressure that courts are under to deal with and dispose of cases quickly. Unfortunately this driver for pace and efficiency makes it hard for the courts etc to identify a learning disability and respond appropriately. There will inevitably be some delay and an extra resource requirement if an individual is to be supported properly. The good news from various courts who have strong liaison and diversion services is that the extra effort required results in more effective disposals and greater impact on reducing re-offending. Thank you for the opportunity to comment Mark Freeman Chair – Offender Learning and Disabled Steering Group G:\Criminal\Fitness to Plead and insanity\FTP\Consultation responses\NGOs\National Steering Group for Offenders with LDs\T; National Steering Group with Responsibility for Health Policy on Offenders with Learning Disability.doc
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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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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 270 and 271: UNFITNESS TO PLEAD Response by the
Page 272 and 273: UNFITNESS TO PLEAD Response by the
Page 274 and 275: Law Commission consultation paper n
Page 276 and 277: (1) understand the charges (2) be c
Page 278 and 279: Further, given that some clinicians
Page 280 and 281: In addition to the above proposals,
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Page 284 and 285: Response to the Consultation Paper
Page 286 and 287: We consider that the concerns about
Page 294 and 295: Unfitness to plead - Some Responses
Page 296 and 297: or made the omission charged and th
Page 298 and 299: (6) Are there circumstances in whic
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Page 302 and 303: LAW COMMISSION CONSULTATION: UNFITN
Page 304 and 305: Our Comments We are not criminal pr
Page 306 and 307: 4. We have been asked to suggest or
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Page 310 and 311: My comments refer to the recent Con
Page 312 and 313: NATIONAL BENCH CHAIRMEN’S FORUM A
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Page 316 and 317: RESPONSE TO THE LAW COMMISSION’S
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Page 325 and 326: There was some surprise expressed t
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Page 331 and 332: Well worth a read is Rogers et al
Page 333 and 334: (like Erskine, H and many others) w
Page 335 and 336: Law Dept, LSE 14 January 2011 Dear
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Page 339 and 340: 9.2 (3) Yes 9.2 (4) Agree Option 5
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Page 345 and 346: Question 10: If consultees think th
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Page 351 and 352: FITNESS TO PLEAD AND STAND TRIAL On
Page 353 and 354: Ann Briggs a midwife was shown the
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Page 357 and 358: object - and to comprehend the deta
Page 359 and 360: This training does not necessarily
Page 361 and 362: Hence, in the medical model, being
Page 363 and 364: If one were to use standardised tes
Page 365 and 366: Your ref: Our ref: Date: 27 th Janu
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Page 369 and 370: Royal College of Psychiatrists Cons
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However the Mental Capacity Act in
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under that Act. Further, if the Sec
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additional procedures e.g. special
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“I believe that the CP does not e
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The problem is getting adequate and
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adult modes of thinking does not em
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Provisional Proposal - 3: The legal
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Provisional Proposal - 6: Where a d
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necessarily have the same status, n
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therefore should be the last resort
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Response to Consultation Paper on U
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From: GEOFF SEARLE Sent: 06 January
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Executive Summary - Sense is broadl
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About Sense Sense is the leading na
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Sense Response Provisional Proposal
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Provisional Proposal 2 Sense agrees
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purposes for example a deafblind pe
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Question 12 - Decision making capac
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2) I further agree that a scheme sh
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1) I respectfully agree with Provis
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COMMENTS ON UNFITNESS TO PLEAD CONS
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Provisional Proposal 7: A defined p
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MASTER VENNE REGISTRAR OF CRIMINAL
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the 1968 Act. Ferris (referred to a
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Law Commission consultation on prop
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Provisional Proposal 1: The current
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grasp this highly challenging conce
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a further hearing on the issue of w
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2 fitness to plead assessment. This
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4 supposition is correct, it will a
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6 be required to make. Under this t
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I agree. (2) Can consultees think o
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10 Dr Eileen Vizard Selection of Re
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