Unfitness to Plead Consultation Responses - Law Commission ...

the 1968 Act. Ferris (referred to at para 6.52) is an example of a case
where the appellant might have been better served had she exercised her
statutory right of appeal.
9.1(13) Although not specifically within the area with which I am most
intimately concerned, it would seem eminently sensible to me that there
should be no need to conduct a second trial of the facts. I assume that the
existing right of appeal in s15 of the 1968 Act would apply (or be applied)
to any second finding of unfitness. But care may be needed to avoid
creating a second right of appeal against the original finding on the trial
of the facts.
9.1(14) It seems to me vital that the Court of Appeal, Criminal Division, is
endowed with the power to remit for rehearing a trial of the facts where it
quashes such a finding. The Court has itself noted the lacuna and
indicated that it should be rectified on more than one occasion (see eg.
Norman and MB). Ferris to which I refer above may also be relevant.
9.2(1)-(5) No comment
9.2(6) If this proposal is accepted, I suggest that consideration may need
to be given to whether any attendant rights of appeal need to be created
and, if so, by whom such rights may be exercised.
9.2(7)-(12) No comment
I hope the Commission may find these observations of some small
assistance.
Page 3 of 4