Unfitness to Plead Consultation Responses - Law Commission ...

58. We consider there are such circumstances and that there should be power
to allow this. It is difficult to provide a list of such occasions and it may
be best to leave a general provision to be applied on a case by case basis.
The circumstances would, however, include a case in which there is no
conflict between the person found unfit and the other defendants. It may
be that the evidence of the other defendants could be of importance to the
mental issue; e.g. where it provides the objective evidence referred to in
R v Antoine. A case which has begun and the issue then arises,
particularly where there are a number of vulnerable witnesses who would
otherwise have to give evidence twice, might also be a situation. We
would suggest that it is a power which if available should used cautiously
and should not be regarded as the norm.
Provisional Proposal 14: We agree with this proposal.
The position of the Magistrates’ Court and Youth Court
59. The jurisdiction of the Magistrates’ Court is primarily designed to deal
with the less serious offences in which decisions can be made swiftly and
economically. The problem which arises is that complex issues arise
when considering those who may be unfit to plead. There can be no short-
cut to a fair disposal of such cases. At present save for the procedure
under Section 37(3) Mental Health Act 1983 there is no provision which
attempts to consider the issue of unfitness to plead. Further, that provision
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