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Print file - Unfitness to Plead Volume 2: Draft Legislation

Ref: ISBN 9781474127134, Law Com. 364, HC 714–II

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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 However, the current law in this area is outdated, inconsistently applied and can lead to unfairness.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

Unfitness to Plead

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