When to instruct
Instruct an expert where there is real doubt about whether your client can follow proceedings or give instructions. Common indicators include serious mental illness, learning disability, cognitive impairment after brain injury, dementia, or significant communication difficulties. Raising the issue early protects the trial timetable and your client’s position.
The legal test
The test derives from R v Pritchard (1836) and later case law. The court considers whether the defendant can understand the charge, decide whether to plead guilty, exercise the right to challenge jurors, instruct their legal representatives, follow the course of proceedings and give evidence in their own defence. A defendant who cannot do all of these may be found unfit to plead.
Under section 4 of the Criminal Procedure (Insanity) Act 1964, the court can only make a finding of unfitness on the written or oral evidence of two or more registered medical practitioners, at least one of whom is approved under section 12 of the Mental Health Act 1983.
What the report covers
- Relevant history and diagnosis
- Mental state examination at assessment
- Each limb of the legal test, addressed separately
- Adjustments that could enable effective participation, such as an intermediary, breaks or simplified language
- A clear, reasoned opinion on fitness to plead
Psychological input
A clinical psychologist can add valuable evidence on intellectual functioning, memory and suggestibility, using standardised tests. This often supports the psychiatric opinion, particularly where learning disability or autism is suspected.
Common questions
How many experts are needed for a finding of unfitness?
Two registered medical practitioners, at least one approved under section 12 of the Mental Health Act 1983. We can arrange both.
Can a psychologist assess fitness to plead?
A psychologist can give important evidence on cognitive functioning and suggestibility, but the statutory finding requires evidence from two registered medical practitioners.
Can the assessment take place in prison?
Yes. We arrange legal visits, or a video assessment where the prison allows it.