Unfitness to Plead Consultation Responses - Law Commission ...

age” in which term we include the mental age. It must surely be wrong to
deal with a youth who has lived for 14 years but who has a mental age of
9 when the law would not allow the prosecution of a 9 years old. The
mental age of the accused needs to be factored into consideration of his
capacity.
We should like to express our gratitude for the careful exposition of the difficult
problems which this topic raises. There are areas where further research is
envisaged and we look forward to reading of the results from that work. There
is also a need for further discussion and thought on all topics both from the
point of view of the accused but also of the general public. We fear that
financial constraints may more than allow for adequate time for this further
debate.
His Honour Judge Robert K. Atherton on behalf of the Council of H. M. Circuit
Judges
31 st January 2011
32