Unfitness to Plead Consultation Responses - Law Commission ...

difficulties may or may not be fit if particular measures are taken but his
condition is unlikely to alter so that he becomes fit to plead.
12. We also consider that care must be taken in drawing any conclusions
about the present efficacy of the procedure from the fact that there are
many people who have exhibited psychotic symptoms and conclude that
they are unfit to plead. It may be that the numbers are lower than should
be the reality. On the other hand, we consider it a dangerous conclusion.
13. It is the experience of many of those Circuit judges who sit on the
Restricted Case Panel of the First-tier (Health, Education and Social Care
Chamber) Tribunal (formerly, the Mental Health Review Tribunal) that
many patients are able to play a substantial, if not full part in hearings
even though they may be suffering from a serious mental disorder or are
affected by learning disabilities. We acknowledge that the issues are very
different from those to be faced in a criminal trial. Some, however, are no
less complex and require considerable understanding.
14. Another criticism of the present system is the haphazard way in which the
issue of unfitness is raised. The criticism of the lack of screening fails to
take into account the effect of the gradual implementation of the
recommendations in the Bradley Report. Although there is, at the
moment, no nation-wide programme, there is increased awareness
amongst Police, Probation Officers, Court officials and the judiciary of
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