Archive for the 'fitness to plead' Category

Unfitness to Plead – Law Commission

“We published our consultation paper on 27 October 2010, which contains our provisional proposals for comprehensive reform of the law on unfitness to plead in England and Wales. A press release is also available.”

Full story

Law Commission, 27th October 2010

Source: www.lawcom.gov.uk

R v Ghulam – WLR Daily

R v Ghulam; [2009] WLR (D) 303

“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”

WLR Daily, 22nd October 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v B and Others – Times Law Reports

Regina v B and Others

Court of Appeal

“Where one of several defendants in the same criminal proceedings became mentally unfit to stand trial before a jury had been empanelled, there was nothing in principle to prevent the jury subsequently hearing the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking only to whether he had committed the actus reus of the relevant offence.”

The Times, 8th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v B and others – WLR Daily

R v B and others: [2008] WLR (D) 296

“Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence.”

WLR Daily, 1st September 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Norman – Times Law Reports

Regina v Norman

Court of Appeal (Criminal Division)

“Once it was clear that there was an issue as to unfitness to plead, it was necessary to ensure very careful case management so that full information was provided to the court without delay.”

The Times, 21st August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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