Unfitness to Plead Consultation Responses - Law Commission ...

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obligations, it would be much easier to meet the workload in the magistrates courts through mental health nurses who are currently employed in the criminal justice liaison teams and who have the expertise to conduct these assessments. This would be congruent with the significant move to delegation of medical responsibilities to multidisciplinary team members in the UK. 5. The consultation paper correctly points to the problem of detection of the possibility of impaired capacity, but offers no solutions other than the proposal that any party in the proceedings can raise the issue. I fear I have no better idea than this, but detection remains a major worry, and in my experience defence solicitors cannot always be relied upon to notice or raise the issue. Indeed, restrictions on legal aid are likely to create an incentive amongst defence solicitors to encourage their clients to plead guilty, but this issue is obviously beyond the remit of the consultation paper. 6. The reform of the Section 4a Hearing is complex, and in the consultation paper is mainly discussed with respect to very serious offences. I am a little uneasy as I am far from convinced that the distinction between the new special verdicts and conviction per se is very meaningful. It is clear that the non-involvement of the accused in proceedings will close off the possibility of some defences. Unfortunately, as with a number of other issues, I do not have a better idea. RESPONSES TO PROPOSALS AND QUESTIONS: Provisional Proposals 9.1 (1) Agree 9.1 (2) Agree 9.1 (3) Agree 9.1 (4) Agree 9.1 (5) Agree 9.1 (6) I have some concerns as set out above. 9.1 (7) I disagree with the use of a defined psychiatric ‘test’, as I do not believe that this will prove reliable, practical or robust. 9.1 (8) Agree 9.1 (9) Agree 9.1 (10) Agree 9.1 (11) Agree 9.1 (12) Agree 9.1 (13) Agree 9.1 (14) Agree Part 9 Questions 9.2 (1) Yes 9.2 (2) No
9.2 (3) Yes 9.2 (4) Agree Option 5 is best 9.2 (5) Yes 9.2 (6) I am not certain about this suggestion, but on balance, probably no. 9.2 (7) I have not come across these circumstances, but on balance, probably yes. 9.2 (8) Yes, given my disagreement with the specific psychiatric test and with the practicality of confining such assessments to doctors only. 9.2 (9) Yes 9.2 (10) These should mirror 8 and 9. 9.2 (11) This concerns youth courts, of which I have no experience. 9.2 (12) This concerns youth courts, of which I have no experience. I would be happy to provide more information on all of these points or any other issues that might arise. Yours sincerely Rob Poole FRCPsych Professor of Mental Health, Glyndŵr University/Honorary Consultant Psychiatrist, Betsi Cadwaladr University Health Board
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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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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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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
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Page 318 and 319: There is a real danger in conflatin
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Page 324 and 325: The group felt that many experts’
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Page 348 and 349: I agree. There should be a test of
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Page 370 and 371: Response to Consultation paper 197,
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Page 380 and 381: Question 12: How far if at all, doe
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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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