Unfitness to Plead Consultation Responses - Law Commission ...

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Response to Consultation Paper on UNFITNESS TO PLEAD (11) Do the matters raised in questions 8, 9 and 10 merit equal consideration in relation to the procedure in the youth courts? Yes. Youth is not just a chronological fact. Young people (as research for the last 15 years, though sadly none in this Country) need more protection, not less. Research of Tom Grisso and his team has consistently shown that Adolescent Adjudicative Capacity in youth are impaired by many factors of which the immaturity of youth is a major one. We attach a recent paper by our Dr. Sarkar with an accompanying commentary by Professor Grisso which debates the conceptual issues. (12) How far if at all, does the age of criminal responsibility factor into the issue of decision-making capacity in youth trials? This is a matter for the society to determine where they wish to fix the age of Criminal Responsibility. If our proposal is accepted (i.e. The two stage trial process and assessment of capacity at first stage), it becomes irrelevant where the line in the sand is. If capacity to consent to medical process is on a sliding scale of ‘Gillick’, so should be the Criminal Responsibility. See our objection to a fixed line in sand (in Dr. Sarkar’s paper) and Prof Grisso’s answer. Also see the conceptual objections by Psychologists on the famous APA Flip Flop (paper attached, Oct 2009 in American Psychologist by Steinberg and colleagues). Needless to say this has not yet been validated by solid research and thus needs proper examination. END OF DOCUMENT 9
From: GEOFF SEARLE Sent: 06 January 2011 15:58 To: LAWCOM Criminal Law Subject: RE: Unfit to plead Helena, The case I had dealings with was a young man of 20 and an IQ of 84 [i.e. low but not LD], who was persuaded by a to drive him & a Learning Disabled Adult around Dorset where the would persuade the LD adult to set fire to things. He didn’t understand why he had committed a crime and was in any case so overwhelmingly anxious that he couldn’t pay attention to proceedings or effectively participate [we checked – and this wasn’t faked]. So there was a fitness to plead hearing with a jury and the two psychiatric opinions concurred & he was found unfit to plead – but he was disposed sensibly to community supervision. To be honest everyone involved in this case knew that the responsible individual was never charged – denied everything & it was the two vulnerable individuals who were in court – so there was unspoken agreement to not punish the least culpable participants & fitness to plead was the mechanism by which we achieved it. Geoff
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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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or made the omission charged and th
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(6) Are there circumstances in whic
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statistics. In 2008 there were 484
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LAW COMMISSION CONSULTATION: UNFITN
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Our Comments We are not criminal pr
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4. We have been asked to suggest or
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particular tool should necessarily
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My comments refer to the recent Con
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NATIONAL BENCH CHAIRMEN’S FORUM A
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National Bench Chairmen’s Forum T
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RESPONSE TO THE LAW COMMISSION’S
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There is a real danger in conflatin
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physical strength and sexual awaken
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The group felt that many experts’
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Tel: Fitzwilliam College Fax: Cambr
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Unfitness to Plead: the place to fi
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court proceedings” (at para 149).
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processes, and, indeed, on the comp
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of the European Court of Human Righ
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Law Commission Steel House 11 Tothi
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obligations, it would be much easie
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Response to the Law Commission’s
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fit to plead, the availability and
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disability) there should be a power
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Disposal under the Mental Health Ac
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Page 400 and 401: Unfitness to Plead Sense Response P
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Page 412 and 413: RESPONSE TO THE LAW COMMISSION CONS
Page 414 and 415: g. However, In some circumstances,
Page 416 and 417: QUESTION 9 Do consultees think that
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Page 420: Question 7: Should an accused who i
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Page 427 and 428: 1. Introduction Victim Support is t
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Page 433 and 434: Question 1: Do consultees agree tha
Page 435 and 436: Preliminary Comments Dr Eileen Viza
Page 437 and 438: 3 ‘developmental immaturity’ co
Page 439 and 440: PART 9 LIST OF PROVISIONAL PROPOSAL
Page 441 and 442: 7 (9) If the accused is acquitted p
Page 443 and 444: 9 (9) Do consultees think that if a
Page 445: 11 Other References All Party Parli
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