Unfitness to Plead Consultation Responses - Law Commission ...

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10 Dr Eileen Vizard Selection of Relevant Publications Vizard, E. (2001). The Needs of Offending Children. E. Vizard (Conference Organiser) Report on the Conference Hosted by the Michael Sieff Foundation at Cumberland Lodge, Windsor Great Park. 5-7.9.01. Available from: www.michaelsieff-foundation.org.uk Vizard, E. (2002). Child Defendants. Is the Law Failing Them? E. Vizard (Conference organiser). Report on the Conference Hosted by the Chambers of Michael Lawson QC, 22 Essex Street, London WC2R 3AA. Available from: www.michaelsieff-foundation.org.uk Vizard, E., French, L. Hickey, N. & Bladon, E. (2004). Severe Personality Disorder Emerging in Childhood. A Proposal for a New Developmental Disorder. Criminal Behaviour and Mental Health. 14 17-28. January. Bladon, E. Vizard, E., French, L. & Tranah, T. (2005). Young Sexual Abusers: A Descriptive Study of a UK Sample of Children Showing Sexually Harmful Behaviours. The Journal of Forensic Psychiatry & Psychology. 16 (1). Hickey, N., Vizard, E., McCrory, E., French, L. (2006). Links between juvenile sexually abusive behaviour and emerging severe personality disorder traits in childhood. www.dh.gov.uk/publications Vizard, E. (2006). Child Defendants. Occasional Paper OP 56. Royal College of Psychiatrists. Gaskell Publications. Available from www.rcpsych.org Vizard, E. & Cooper, P. (2007). The Expert Witness Pack. For use in Children Act Cases. 2 nd Edition. (DVD Format appended to: Lord Justice Wall (Ed), ‘A Handbook for Expert Witnesses in Children Act Cases’). Jordan Publishing Limited. www.familylaw.co.uk Vizard, E., Hickey, N., French, L. & McCrory, E. (2007). Children and Adolescents who present with Sexually Abusive Behaviour: A U.K. Descriptive Study. Journal Of Forensic Psychology and Psychiatry. 17. 3. March Vizard, E., Hickey, N. & McCrory, E. (2007). Developmental Trajectories towards Sexually Abusive Behaviour and Emerging Severe Personality Disorder in Childhood: The results of a three year U.K. study. British Journal of Psychiatry Special Supplement on Personality Disorder. Peter Tyrer & Savas Hadjipavlou (Eds). May. Vizard, E. (2008). Emerging Severe Personality Disorder in Childhood. Psychiatry. Part 4. Child Psychiatry. 7:9. 389-394. McCrory, E., Hickey, N., Farmer, E. & Vizard, E. (2008). Early-onset sexually harmful behavior in childhood: a marker for life course persistent antisocial behavior? The Journal of Forensic Psychiatry and Psychology.19.3. September. 382-395. Vizard, E. & Esam, B. (2009). 1908 – 2008: The Children Act 100 years on. Young Defendants Today. Report on the Conference Hosted by the Michael Sieff Foundation at Church House, London on 28 th April 2009. Available from: www.michaelsiefffoundation.org.uk
11 Other References All Party Parliamentary Group for Children (APPG) (2010). Report of seminars Organised by the All party Parliamentary Group for Children 2009/2010. Available from National Children’s Bureau, 8 Wakely Street, London, EC1V 7QE. Buchanan A. (2006). Competency to stand trial and the seriousness of the charge. Journal of the American Academy of Science and the Law. 34, 458-465 Grisso, T. (2000). What we know about youths’ capacities as trial defendants. In Youth on Trial (Eds T. Grisso & R. G. Schwartz), pp. 139–171. Chicago: University of Chicago Press. Grubin, D.H. (1991). Unfit to plead, unfit for discharge: Patients who are found unfit to plead who are still in hospital. Criminal Behaviour and Mental Health.1., 282-294. Mackay,R.D. & Kearns, G.(2000). An upturn in Fitness to Plead? Disability in relation to trial under the 1991 Act. Criminal Law Review. 532-546. Rogers, T.P., Blackwood, N.J., Farnham, F., Pickup, G.J. & Watts, M.J. (2008). Fitness to plead and competence to stand trial: A systematic review of the constructs and their application. The Journal of Forensic Psychiatry and Psychology. 19, 576-596. Rosenfeld, B. & Ritchie, K. (1998). Competence to stand trial: Clinician reliability and the role of offense severity. Journal of Forensic Science. 43, 151-157. Prison Reform Trust (2010). Jessica Jacobson, Bina Bhardwa, Tracey Gyateng, Gillian Hunter Mike Hough (Eds). Punishing Disadvantage. A Profile of Children in Custody. www.prisonreformtrust.org.uk
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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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Gray, N.S., O’Connor, C., William
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On the Friday, the day before she w
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The following Thursday at The Black
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Cases involving the learning disabl
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Graham Rogers and Associates Limite
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In this case, it is being proposed
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Being able to ‘read’ The Sun or
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test, it may also begin to indicate
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subjected to the new provisions mus
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introduction, more than ten times t
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Response to Consultation paper 197,
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emand have significant personal cos
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Where possible an individual should
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epetition of evidence or the provis
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months, and are unlikely to refer b
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Question 12: How far if at all, doe
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Consultation Proposals Provisional
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agreement on the primary issue enga
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It would of course be concerning if
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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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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,
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Page 427 and 428: 1. Introduction Victim Support is t
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Page 439 and 440: PART 9 LIST OF PROVISIONAL PROPOSAL
Page 441 and 442: 7 (9) If the accused is acquitted p
Page 443: 9 (9) Do consultees think that if a
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