Unfitness to Plead Consultation Responses - Law Commission ...

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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. 23
Reply 50. We consider we have already adequately covered this issue. Provisional Proposal 11: The special verdict should be determined by the jury on such evidence as has been heard or any further evidence as is called. Reply 51. We have already covered this issue. 52. Question 3: Do consultees agree that we have correctly identified the Reply options for reform in relation to the section 4A hearing? If not, what other options for reform would consultees propose? 53. We have already covered this issue Question 4: If consultees do not agree that option 5 is the best option for reform, would they agree with any other option? Reply 54. We have expressed our preference for Option 5 with the amendments set out above. 24
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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
Page 25 and 26: 39 Trevor Jones‘Public Opinion, P
Page 27 and 28: Charity No 1137430 Company No 60065
Page 29 and 30: Charity No 1137430 Company No 60065
Page 31 and 32: From: Bickle Andrew Sent: 10 Januar
Page 33 and 34: Comments on “Unfitness to Plead,
Page 35 and 36: 8. It would be very easy to insert
Page 37 and 38: himself at trial. The Court did not
Page 39 and 40: -----Original Message----- From: Br
Page 41 and 42: Response The Society welcomes the o
Page 43 and 44: for the task in hand. This would ap
Page 45 and 46: 1. Introduction “UNFITNESS TO PLE
Page 47 and 48: On the other hand, the so-called co
Page 49 and 50: The Law Commissioners, Steel House,
Page 51 and 52: Law Commission consultation on unfi
Page 53 and 54: could possibly mean that they take
Page 55 and 56: whether present at the time of the
Page 57 and 58: disposals. We consider that the ref
Page 59 and 60: difficulties may or may not be fit
Page 61 and 62: profession to treatment, the civil
Page 63 and 64: of the decision the accused must ma
Page 65 and 66: 25. We consider that Provisional Pr
Page 67 and 68: Provisional Proposal 5: Decision-ma
Page 69 and 70: giving evidence, it is unlikely tha
Page 71 and 72: Provisional Proposal 7: A defined p
Page 73 and 74: 42. The difficulty lies in that the
Page 75: envisages that there could be an ac
Page 79 and 80: Question 6: Are there circumstances
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Page 83 and 84: determination of jurisdiction as ap
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Page 87 and 88: The assumption that has been made i
Page 89 and 90: which the court is satisfied that t
Page 91 and 92: The current section 4A procedure re
Page 93 and 94: The CPS then re-reviews the case in
Page 95 and 96: cases, there should be a single tri
Page 97 and 98: magistrates/District Judges, keepin
Page 99 and 100: Law Commission Consultation paper N
Page 101 and 102: From: Enys Delmage Sent: 16 March 2
Page 103 and 104: for meaningful participation in the
Page 105 and 106: (7) A defined psychiatric test to a
Page 107 and 108: (13) In the event of a referral bac
Page 109 and 110: [Paragraph 6.153] N/A (5) Should a
Page 111: [Paragraph 8.68] YES (12) How far i
Page 114 and 115: Question 1: Do consultees agree tha
Page 116 and 117: Question 3: Do consultees agree tha
Page 118 and 119: Question 5: Should a jury be able t
Page 120 and 121: Question 7: Should an accused who i
Page 122 and 123: Question 9: Do consultees think tha
Page 124 and 125: 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 3: Do consultees agree tha
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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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Unfitness to Plead Sense Response P
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- Congenitally deafblind children a
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The deafblind population has been s
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take up to 15 minutes to read a sho
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For example - A deafblind person C
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- Allowing the deafblind person to
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RESPONSE TO THE LAW COMMISSION CONS
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g. However, In some circumstances,
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QUESTION 9 Do consultees think that
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Obviously the judge should be guide
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Question 7: Should an accused who i
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problems which arose in B & others
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Page 4 of 4
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1. Introduction Victim Support is t
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In our view, a general difficulty w
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We are in support of this provision
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Question 1: Do consultees agree tha
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Preliminary Comments Dr Eileen Viza
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3 ‘developmental immaturity’ co
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PART 9 LIST OF PROVISIONAL PROPOSAL
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7 (9) If the accused is acquitted p
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9 (9) Do consultees think that if a
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11 Other References All Party Parli
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