Thursday, April 11, 2013

Law Commission of England and Wales Analysis of Responses to Consultation on Unfitness to Plead

This is a follow-up to the Library Boy post of November 3, 2010 entitled Law Commission of England Consultation on Fitness to Stand Trial.

The Commission has compiled an analysis of the responses:
"We published our consultation paper on 27 October 2010, which contained our provisional proposals for comprehensive reform of the law on unfitness to plead in England and Wales. We received over 50 responses and we have published our analysis of those responses. We are now preparing our final recommendations for reform in light of the responses."

"The project draws on relevant empirical evidence and comparative jurisdictions in an attempt to identify better and more up-to-date legal tests and rules for determining fitness to plead and the subsequent procedure for the examination of the facts."

"Other important questions to be answered include: How do special measures relate to the test of unfitness? Should the procedure in the magistrates’ courts mirror that in the Crown Court? What should the process for dealing with a defendant be when he or she has been found unfit to plead? At a hearing to deal with a defendant found unfit, what issues can be raised by the defendant? In particular, can the 'defences' of accident, mistake and self-defence be raised? "

"We anticipate that our next publication on this project will be a report towards the end of 2014."

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posted by Michel-Adrien at 6:25 pm


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