Unfitness to Plead Consultation Responses - Law Commission ...

Question 6: Are there circumstances in which an accused person who is
found to have done the act and in respect of whom there are no grounds for
an acquittal should be able to request remission for trial?
Reply
The situation could arise in which an accused becomes fit to plead and is
able to give instructions which may lead to evidence being available which
might throw doubt upon the original finding. Such circumstances may be
rare but nevertheless should be covered by an appropriate procedure.
Although not directly relevant, it is worth noting that there is no procedure
for removal of a person’s name from the “Sex Register”. We understand that
this is an issue which is being considered and may apply to a person who
was found unfit to plead and had done the act. However, even such a
procedure would not allow a person to “clear his name” if the Secretary of
State did not refer the case for trial. Given the public attitude towards sex
offenders, this might be viewed as unjust.
Question 7: Should an accused who is found to be unfit to plead (or to lack
decision-making capacity) be subject to the section 4A hearing in the same
proceedings as co-defendants who are being tried?
Reply
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