Unfitness to Plead Consultation Responses - Law Commission ...

giving evidence, it is unlikely that they would have an acceptable level of
impact.
Provisional Proposal 6: Where a defendant who is subject to a trial has a
mental disorder or other impairment and wishes to give evidence then expert
evidence on the general effect of that mental disorder or impairment should
be admissible.
Reply
33. As a general proposition, we support this Provisional Proposal but we
think that there are practical difficulties. There are many misconceptions
about people who are suffering from mental disorders or learning
disabilities or difficulties. These are not restricted to the general public
but also are to be found within the legal profession. The need for
education was one the important recommendations of the Bradley Report
and it has yet to be adequately implemented. Accordingly, we consider it
would be of assistance when evaluating the evidence which such a
defendant might give for the court to have such general information.
34. The practical difficulty is one which was discussed in the context of “late
complaints in sexual cases”. The anxiety which was expressed was that it
may lead to experts being called on both sides, attempts to apply general
observations to the particular case which might deflect attention from the
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