Trial of the facts
Under the
The trial is not a criminal trial to determine guilt or otherwise; it is "limited to ensuring that the interference with the liberty of the defendant consequent upon whatever order might be made following an adverse finding can be justified by reference to what can be proved about what he or she did, even if intention might have been clouded by delusion or other incapacity."[2]: section 9
History
Under the earlier Criminal Procedure (Insanity) Act 1964, determination of unfitness to plead led to an assumption that the accused had committed the act, without need for the prosecution to submit evidence, followed by automatic admission to hospital. In consequence fitness to plead was very rarely raised by defendants.[1]
Under the 1991 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, if the accused is found unfit to plead then a "trial of the facts" before a jury is held, so that the evidence against the defendant is tested to some degree. An unfit person would not necessarily require admission to a psychiatric hospital.[1]
References
- ^ PMID 17185475.
- ^ a b "[2015] 1 Cr App R 27, [2015] Crim LR 359, [2015] EWCA Crim 2, [2015] WLR 2797, [2015] WLR(D) 25, [2015] 1 WLR 2797". Bailii.org. Retrieved 5 January 2016.