Law and Rights
The Law Commission wishes to see new rules relating to Unfitness to Plead - a matter that became very topical when Lord Janner was prosecuted in 2015 for alleged sexual offences - (previous post). Janner died in late 2015.
Law Commission - Modernising the Rules on Unfitness to Plead
The Commission states that:
"A new test is needed to establish who is unfit to plead. The existing rules for deciding whether a defendant is unfit to participate in a criminal trial ? and what the courts should do if they are not ? are out of date, misunderstood and inconsistently applied.
Our new report sets out recommendations to modernise the test for unfitness to plead, bringing it into line with today?s psychiatric and psychological thinking. The new test would ask whether the defendant is able to participate effectively in their trial.
We are also recommending a series of measures to help defendants who have participation difficulties to engage effectively in their trial, including a statutory entitlement for defendants to assistance from an intermediary and training for judges and other legal practitioners.
We are also recommending:
The government's response to the report is awaited.
A good article by Miranda Bevan on this topic in relation to Magistrates' Courts and Youth Courts is available via Criminal Law and Justice 6th June 2014 - Unfitness to Plead in Magistrates' and Youth Courts.
- Lord Janner ~ Unfit To Plead Or Stand Trial
The Judiciary has published the decision of Mr Justice Openshaw regarding whether Lord Greville Janner is fit to plead - read the decision dated 7th December 2015. The learned judge took the opportunity to restate the test for fitness to plead or...
- Lord Greville Janner Will Now Be Prosecuted
The Director of Public Prosecutions (DPP) has reversed her earlier decision not to prosecute Lord Greville Janner on 22 counts of sexual offences allegedly committed against children - see the announcement by the Crown Prosecution Service (CPS). ...
- Lord Greville Janner ~ The Decision Not To Prosecute
Lord Janner of Braunstone (aged 86) who suffers from dementia is not to be prosecuted for 22 alleged serious sexual offences. The reasons for this decision are set out in a statement issued by the Director of Public Prosecutions. Please read...
- Criminal Court Charges - Again !
The following tweet requires little by way of explanation. The relevant legislation may be seen via my earlier blogpost - Criminal Court Charges. The impact of this on the rate of guilty-pleas remains to be seen but it seems likely that some will...
- Fitness To Plead
In 1831, at the York assizes, a woman called Dyson stood trial for the murder of her illegitimate child by cutting off its head. The lady defendant was deaf and had never been able to speak. Even with the use of sign language she could not...
Law and Rights
Modernising the Rules on Unfitness to Plead
Law Commission - Modernising the Rules on Unfitness to Plead
The Commission states that:
"A new test is needed to establish who is unfit to plead. The existing rules for deciding whether a defendant is unfit to participate in a criminal trial ? and what the courts should do if they are not ? are out of date, misunderstood and inconsistently applied.
Our new report sets out recommendations to modernise the test for unfitness to plead, bringing it into line with today?s psychiatric and psychological thinking. The new test would ask whether the defendant is able to participate effectively in their trial.
We are also recommending a series of measures to help defendants who have participation difficulties to engage effectively in their trial, including a statutory entitlement for defendants to assistance from an intermediary and training for judges and other legal practitioners.
We are also recommending:
- fairer procedures for considering a criminal allegation where a defendant is unable to participate in a trial, and
- extending the reformed unfitness to plead procedure to the magistrates? and youth courts."
The government's response to the report is awaited.
A good article by Miranda Bevan on this topic in relation to Magistrates' Courts and Youth Courts is available via Criminal Law and Justice 6th June 2014 - Unfitness to Plead in Magistrates' and Youth Courts.
- Lord Janner ~ Unfit To Plead Or Stand Trial
The Judiciary has published the decision of Mr Justice Openshaw regarding whether Lord Greville Janner is fit to plead - read the decision dated 7th December 2015. The learned judge took the opportunity to restate the test for fitness to plead or...
- Lord Greville Janner Will Now Be Prosecuted
The Director of Public Prosecutions (DPP) has reversed her earlier decision not to prosecute Lord Greville Janner on 22 counts of sexual offences allegedly committed against children - see the announcement by the Crown Prosecution Service (CPS). ...
- Lord Greville Janner ~ The Decision Not To Prosecute
Lord Janner of Braunstone (aged 86) who suffers from dementia is not to be prosecuted for 22 alleged serious sexual offences. The reasons for this decision are set out in a statement issued by the Director of Public Prosecutions. Please read...
- Criminal Court Charges - Again !
The following tweet requires little by way of explanation. The relevant legislation may be seen via my earlier blogpost - Criminal Court Charges. The impact of this on the rate of guilty-pleas remains to be seen but it seems likely that some will...
- Fitness To Plead
In 1831, at the York assizes, a woman called Dyson stood trial for the murder of her illegitimate child by cutting off its head. The lady defendant was deaf and had never been able to speak. Even with the use of sign language she could not...