Unfitness to Plead Consultation Responses - Law Commission ...

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Unfitness to Plead Sense Response Prepared by: Kari Gerstheimer Interim Head of Legal Support Services Tel. no 101 Pentonville Road, London N1 9LG 1
Executive Summary - Sense is broadly supportive of the move from the Pritchard test towards assessing a person’s capacity to make decisions. - Sense is concerned that in making a move towards an assessment of a person’s capacity to make decisions; the separate issue of whether a trial can be made accessible should not be overlooked. - Sense takes the view that in the event that a deafblind person has such profound sensory and communication impairments that he or she is unable to access the trial in an ordinary manner; and there are no reasonable adjustments (special measures) which can be made which would allow for that individual to be able to access the trial, then the person should be held to be unfit to plea. This is a different issue to whether a person has decision-making capacity. A deafblind person may have the psychiatric or mental ability to follow the proceedings, but because of her dual sensory impairment she may be unable to access the trial. - In the interests of equality and fairness a deafblind person should not be able to hide behind his or her disability. Sense supports the view that some deafblind people will be able to access the court process effectively and should be supported to do so where appropriate. - Sense supports the Government’s view that special measures will need to be put in place to allow for some deafblind people to access court proceedings. A suitably qualified person should be appointed to assess what, if any, special measures need to be put in place. Special measures must be tailored to the needs of the individual. - Sense is gravely concerned that the introduction of a standard psychiatric test of the capacity to make decisions would discriminate against deafblind people who may be psychiatrically stable enough to qualify as having decision making capacity but whose dual sensory impairment coupled with an inability to communicate and receive information may prevent them from being fit to plea or stand trial. - In the case of deafblind people, psychiatrists may not be suitably qualified people with the relevant skills to make an assessment of capacity because in relation to deafblind people, fitness to plea or to stand trial relates to their inability to communicate and or access information rather than their mental state or mental capacity. 2
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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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I agree. There should be a test of
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Page 372 and 373: emand have significant personal cos
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Page 392 and 393: Response to Consultation Paper on U
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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
Page 418 and 419: Obviously the judge should be guide
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 431 and 432: We are in support of this provision
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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