Fitness to be Tried in UK Law
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Reports of Committees
... ... to be adopted for determining the issue of fitness to be tried, (3) appeals against a special verdict or finding ... ...
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Noticeboard
... ... evidence, giving evidence in court (including specialmeasures), fitness to stand trial, legal representation and difficulties in thelawyerclient ... This includes a chapter about determiningfitness to be tried and the consequences of a finding of unfitness. Fitness proce-dures for ... ...
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Statutes
... ... 72 ... JAN. 1965 STATUTES 73 preliminary issue of fitness to be tried * is to be welcomed, but one may regret the ... ...
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The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
... ... unfit to plead under the 1964 Act lost his right to be tried and faced potentially indefinite detention in hospital for a ... of the trial or the determination of the issue of fitness to be tried.” The Court of Appeal may apply the proviso and ... ...
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England and Northern Ireland policy and law update relating to mental health and intellectual disability
Purpose: This article aims to bring readers up to date with policy developments in England and Northern Ireland in the last two years since the journal first reported on these issues. Design/metho...... ... , risk management arrangements, existing court powers,fitness to be tried and insanity.BThe new Bill appears to apply to people aged 16 years plus, ... ...
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Unfit to Plead or Unfit to Testify? R v Orr [2016] EWCA Crim 889
... ... He wasfirst tried in 2012, but the trial was terminated when the appellant became unfit ... the issue of fitness to plead had not been dealt with correctly. Fitness to plead cannot be ... ...
- Unfitness to Plead and the Admissibility of Confessions
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‘I feel like I failed him by ringing the police’: Criminalising disability in Australia
The stigmatisation, control, criminalisation and incarceration of people with disability have a long history. While in recent decades there has been increasing commitment to the rights of people wi...... ... based on the common law principle that aperson cannot be tried for a crime unless they are capable of defending themselves,and section 32 ... (Un)fitness to pleadAs criminal justice is the responsibility of the states and ... ...
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Lawyers' experiences with fitness to plead to summary offences
In a number of Australian jurisdictions the approach to the determination of fitness to plead to summary offences is very unclear. The Queensland Court of Appeal has discussed the issue that in Que...... ... get a report that is clear that the person lacks capacity, whats the magistrategoing to do with it anyway? ... Generally I thought magistrates tried to do as much for ourclients over that period of time as they could given the limitations on the legal frameworkthat they operate in.When asked how ... ...
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Acts and Facts
Since the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 there has had to be a ‘trial of the facts’ to determine whether a defendant found unfit to be tried ‘did the act or made the ...... ... 'trialofthe facts' to determine whether a defendantfound unfit to be tried 'did the act or made the omission chargedagainst him asthe offence' In ... The Bill originallyprovided that the issue of a defendant's fitness to be tried was to bedetermined as soon as the issue arose: the Bill would ... ...
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