Unfitness to Plead Consultation Responses - Law Commission ...

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Disposal under the Mental Health Act: disposal decisions made by the court should be put in place within a given timeframe, decided by the court, and in consultation with providers of such disposal options. Should any clarification on this response, or further information, be required, please contact: Jenny Talbot Prison Reform Trust 15 Northburgh Street London EC1V 0JR 27 January 2011 Jenny Talbot, Prison Reform Trust Page 7 3/25/2013
New rules to decide who is fit to stand trial: response to consultation Keith J.B. Rix, MPhil, LLM, MD, FRCPsych, Consultant Forensic Psychiatrist and Part-Time Lecturer, Department of Law, De Montfort University. Old rules I believe that the Rules are even older (see my attached paper on Dyson 1 which I am preparing for publication: I have a Powerpoint version of the first part with appropriate illustrations!). The legal test I agree that it is important to have the same basis for capacity as in the Mental Capacity Act 2005. Proportionality I can see the difficulties with regard to proportionality. As Lord Donaldson said in Re T 2 : “The graver the consequences of the decision, the commensurately greater the level of competence is required to take the decision”. Perhaps the answer lies in the approach to the standard of proof and there is something to be learned from the how the higher courts have sought to deal with particularly serious allegations within the civil standard of proof 3 . 1.6 is important. Under the present system, consideration has to be given to the effect of the special measures for vulnerable defendants (Practice Direction (Criminal Proceedings): Further Directions) [2007] 1 WLR 1790), the use of a ‘facilitator’ (R v SH [2003] EWCA Crim 1028) and the provisions of s.104 of the Coroners and Justice Act 2009 which adds a new s.33BA to the Youth Justice and Criminal Evidence Act 1999 permitting the use of an intermediary in the case of accused persons under the age of 18 years whose ability to participate effectively is compromised by their level of intellectual ability or social functioning and in the case of accused persons over the age of 18 years who suffer from a mental disorder within the meaning of the Act. It is not enough to conclude that a person is unfit to plead and stand their trial. A report in such a case needs to take into account what the effect would be of these existing special measures. This has a parallel in s.1(3) of the Mental Capacity Act 2005. A defined psychiatric test 1 R v Dyson (1831) 7 Car & P 303 2 [1993] Fam 95; [1992] 4 All ER 649, CA 3 In re H (Minors) [1996] AC 563; In re B (Children) [2008] UKHL 35; In re Doherty [2008] UKHL 33; and Independent Police Complaints Commission v Hayman [2008] EWHC 2191 (Admin). 1
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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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Unfitness to plead - Some Responses
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Page 304 and 305: Our Comments We are not criminal pr
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Response to Consultation Paper on U
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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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