Unfitness to Plead Consultation Responses - Law Commission ...

48. It follows from the above that we favour this option but with the rider we
have suggested.
Provisional Proposal 9: If the accused is acquitted provision should be
made for a judge to hold a further hearing to determine whether or not the
acquittal is because of mental disorder at the time of the offence.
Reply
49. We would not envisage such a procedure to be necessary if our
amendment were adopted. If it were not accepted, then we consider that
this would have to follow but that it would make for an unnecessarily
cumbersome procedure. It would be likely to add further anxiety to a
person who is either mentally disordered or suffering from learning
disability by prolonging the hearing and inevitable further expense. We
do not consider it inappropriate for a jury to consider all aspects of the
case. It is often the situation that a jury has to consider conflicting issues.
In the rare case where such a division were necessary, it could be
provided by provision within the Indictment Rules for severance of the
issue.
Provisional Proposal 10: The further hearing should be held at the
discretion of the judge on the application of any party or the representative
of any party to the proceedings.
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