NCJ Number
245180
Journal
International Journal of Criminology and Sociology Volume: 1 Dated: 2012 Pages: 176-197
Date Published
2012
Length
22 pages
Annotation
This paper outlines the development of the fitness to plead criteria and process, summarizes current criticisms and proposes potential reform in this fundamental area of mental health law.
Abstract
In the England and Wales criminal justice system, consideration of a defendant's ability to stand trial is known as 'fitness to plead'. No accused person may face trial unless they are fit to plead to the charges against them. The fitness to plead criteria dates back to the 19th century, and has been virtually unchanged. Developed from case law relating to sensory impairment and intellectual disability, they are now routinely utilized for severe and enduring mental illnesses, predominantly psychotic disorders. The fitness to plead criteria is no longer appropriate to meet modern understanding of complex mental disorders, and is shamefully archaic in comparison to civil capacity legislation. This paper outlines the development of the fitness to plead criteria and process, summarizes current criticisms and proposes potential reform in this fundamental area of mental health law. (Published Abstract)