Unfit To Plead in the Magistrates’ and Youth Courts? – Criminal Law and Justice Weekly

Posted June 11th, 2014 in fitness to plead, magistrates, news, youth courts by sally

‘Miranda Bevan on the Law Commission’s review of the law on unfitness to plead in England and Wales.’

Full story

Criminal Law and Justice Weekly, 6th June 2014

Source: www.criminallawandjustice.co.uk

Honeymoon murder suspect can be extradited to South Africa, says High Court – UK Human Rights Blog

‘Government of the Republic of South Africa v Dewani [2014] EWHC 153 (Admin) 31 January 2014. Shrien Dewani, the British man facing charges of murdering his wife on honeymoon in South Africa, has lost his appeal to block extradition there (so far three men have been convicted in South Africa over Mrs Dewani’s death). The Court ruled that it would not be “unjust and oppressive” to extradite him, on condition that the South African government agreed to return him to the UK after one year if his depressive illness and mental health problems still prevented a trial from taking place.’

Full story

UK Human Rights Blog, 1st February 2014

Source: www.ukhumanrightsblog.com

Reform out of date laws on fitness to plead, ministers urged – The Independent

Posted August 15th, 2013 in defences, fitness to plead, insanity, Law Commission, mental health, news, reports by sally

“Mentally ill people are routinely forced to stand trial because the rules on fitness to appear in court are out of date, legal reformers have told the Government.”

Full story

The Independent, 14th August 2013

Source: www.independent.co.uk

Shrien Dewani lawyers launch bid to fight extradition in supreme court – The Guardian

“Lawyers acting for honeymoon murder suspect Shrien Dewani are launching a bid to take his case to the supreme court.”

Full story

The Guardian, 6th August 2013

Source: www.guardian.co.uk

Honeymoon murder suspect Shrien Dewani faces extradition – BBC News

“Honeymoon murder suspect Shrien Dewani will be extradited to South Africa to face trial over his wife Anni’s death.”

Full story

BBC News, 24th July 2013

Source: www.bbc.co.uk

Shrien Dewani awaits ruling on bid to fight extradition to South Africa – The Guardian

“Shrien Dewani will discover on Wednesday whether his latest bid to delay his extradition to South Africa to face trial over his wife’s death has succeeded.”

Full story

The Guardian, 24th July 2013

Source: www.guardian.co.uk

Are you fit for “fitness to plead”? – One Inner Temple Lane

Posted May 8th, 2012 in fitness to plead, learning difficulties, mental health, news by sally

“The concept of ‘fitness to plead’ is often a source of confusion. It is not solely a consideration of whether the defendant is actually capable of being arraigned on the indictment. The question to be addressed is whether a defendant is fit to enter a plea and stand trial. A person may have sufficient capacity to deny the allegation that is made and yet be unable to undergo the entire trial process. The defence should not overlook the possible benefits, where properly available, to a defendant of a finding of unfitness to plead. Where the issue of fitness to plead is raised it must be determined by a Judge. The defendant ought not to be arraigned before this issue is determined. If a defendant is found unfit to plead there is a further hearing before a jury to determine whether or not he did the act or acts alleged. If unsure, the defendant will be acquitted and so he will have the advantage of challenging the Crown’s evidence. If the finding is adverse to the defendant then the Judge has the power to make a hospital order (with or without restriction), a supervision order or an absolute discharge. The defendant can be diverted from the prison system in this way.”

Full story

One Inner Temple Lane, 1st May 2012

Source: www.1itl.com

Regina v Burke (Michael) – WLR Daily

Posted April 25th, 2012 in appeals, fitness to plead, law reports, voyeurism by sally

Regina v Burke (Michael) [2012] EWCA Crim 770; [2012] WLR (D) 119

“Where a defendant had been charged with an offence of voyeurism but had been found to be under a disability so that he was unfit to plead or to stand trial, the ingredients of ‘the act…charged against him as the offence’, for the purposes of section 4A(2) of the Criminal Procedure (Insanity) Act 1964, included a requirement to prove that his act had been for the purpose of sexual gratification.”

WLR Daily, 20th April 2012

Source: www.iclr.co.uk

MPs’ expenses: Margaret Moran ‘not fit to stand trial’, court told – The Guardian

Posted December 16th, 2011 in expenses, false accounting, fitness to plead, mental health, news, parliament by tracey

“Judge to decide on whether former Labour MP accused of falsely claiming £80,000 expenses should face trial.”

Full story

The Guardian, 15th December 2011

Source: www.guardian.co.uk

Unfitness to Plead – Law Commission

Posted October 28th, 2010 in fitness to plead, news by sally

“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

Posted October 23rd, 2009 in evidence, fitness to plead, insanity, law reports, statutory interpretation by sally

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

Posted October 8th, 2008 in codefendants, criminal procedure, fitness to plead, juries, law reports by sally

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

Posted September 2nd, 2008 in codefendants, criminal procedure, fitness to plead, juries, law reports by sally

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

Posted August 21st, 2008 in fitness to plead, insanity, law reports by sally

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.