Download this Paper Open PDF in Browser

Fitness to Plead and Core Competencies: Problems and Possibilities

31 Pages Posted: 16 May 2012 Last revised: 17 May 2012

Jill Peay

London School of Economics & Political Science (LSE)

Date Written: January 24, 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.

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

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: https://ssrn.com/abstract=1991265 or http://dx.doi.org/10.2139/ssrn.1991265

Jill Peay (Contact Author)

London School of Economics & Political Science (LSE) ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

Paper statistics

Downloads
132
Rank
182,772
Abstract Views
922