Fitness to Plead in UK Law
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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...
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The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law
The United Nations Convention on the Rights of Persons with Disabilities (CRPD) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant re...... ... , and mental disability in the criminal system (fitness to plead, insanity and diminished responsibility). INTRODUCTION [F]or 650 million ... ...
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Interviewing adults with intellectual disabilities
People with intellectual disabilities commonly come into contact with the criminal justice system as victims, witnesses or suspects. Their intellectual disabilities may make them disadvantaged in r...... ... of the criminal ju stice system, includ ing police interview s, fitness to plead and stand trial, competence to give evidence in Court, and ... ...
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Unfitness to Plead, Insanity and the Law Commission: Do We Need a Diagnostic Threshold?
This article examines one aspect of the new test of effective participation at trial proposed by the Law Commission of England and Wales. This proposal aims to replace the current criteria for fitn...... ... This proposal aims to replace the current criteriafor fitness to plead originating from Pritchard and developed more recently in M (John). Spe-cifically, this article offers a critical examination of the ... ...
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Index
... ... 286–7 right of the victim to receive information 287–8 fitness to plead 273, 275–6 insanity 276–7 mentally disordered persons as ... ...
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Recent Judicial Decisions
... ... The appeal wasallowed and the conviction quashed.Fitness to pleadR. v. Webb [1969] 2 All E.R. 626, raises the interesting ship between a claim of unfitness to plead and the right to pursue achallenge against the charge. Webb was charged ... ...
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Editorial
... ... aconsideration of the forensic aspects of mentalcapacity and ’fitness to plead’ of mentally disorderedindividuals charged with serious ... ...
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Practical Approaches to Forensic Mental Health Testimony
... ... of the more proceduraland indeed psycho-legal aspects such as,fitness to plead and stand trial andpsychiatric defences.This succinct and ... ...
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The interpretation and application of the right to effective participation
Defendants have long held rights to participate in their criminal trials, including the right to effective participation. However, the precise meaning and scope of this right is unclear, and in pra...... ... certainty.Keywordscriminal procedure, effective participation, fitness to plead, right to a fair trial, special measures,vulnerable ... ...
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Unfit to Plead or Unfit to Testify? R v Orr [2016] EWCA Crim 889
... ... the issue of fitness to plead had not been dealt with correctly. Fitness to plead cannot be determined byreference to only part of the trial process. The capacity to be ... ...
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