Abstract

http://ssrn.com/abstract=1991265
 


 



Fitness to Plead and Core Competencies: Problems and Possibilities


Jill Peay


London School of Economics & Political Science (LSE)

January 24, 2012

LSE Legal Studies Working Paper No. 2/2012

Abstract:     
Written in the light of the Law Commission's Consultation Paper on Unfitness to Plead, this paper examines some of the core competencies that should underpin a test of unfitness to plead. It comprises three broad sections: (i) an examination of the current problems with unfitness and the foundational principles for a revised test, (ii) a description of the prevailing test of unfitness and of those that might be used to reformulate it, and (iii) an examination of the core competencies that would be required in an accused person to facilitate proper engagement with a criminal trial. An Appendix details some of the working criteria which emerged during the formulation of the psychiatric test currently under development by the Nuffield Foundation-funded research team.

Number of Pages in PDF File: 31

Keywords: unfitness, trial procedures, decision-making capacity, psychiatric test, Law Commission CP no 197, Pritchard

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Date posted: May 16, 2012 ; Last revised: May 17, 2012

Suggested Citation

Peay, Jill, Fitness to Plead and Core Competencies: Problems and Possibilities (January 24, 2012). LSE Legal Studies Working Paper No. 2/2012. Available at SSRN: http://ssrn.com/abstract=1991265 or http://dx.doi.org/10.2139/ssrn.1991265

Contact Information

Jill Peay (Contact Author)
London School of Economics & Political Science (LSE) ( email )
Houghton Street
London, WC2A 2AE
United Kingdom
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