Research and analysis

Unfitness to Plead

In this report the Law Commission makes recommendations for reform of the whole unfitness to plead framework.

Documents

Unfitness to Plead Volume 1: Report

Unfitness to Plead Volume 2: Draft Legislation

Print file - Unfitness to Plead Volume 1: Report

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This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Print file - Unfitness to Plead Volume 2: Draft Legislation

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Details

The law relating to unfitness to plead addresses what should happen when a defendant who faces criminal prosecution is unable to engage with the process because of their mental or physical condition. The law aims to balance the rights of the vulnerable defendant with the interests of those affected by an alleged offence and the need to protect the public. However, the current law in this area is outdated, inconsistently applied and can lead to unfairness.

Further information on this project can be found on the Law Commission website.

Published 13 January 2016