Why it matters
A defendant must be able to take part in their trial. Where there is doubt, the defence should obtain expert evidence early, because the issue affects the whole course of the proceedings.
The test
Following R v Pritchard and later cases, the court asks whether the defendant can understand the charge, decide how to plead, challenge jurors, instruct their lawyers, follow the proceedings and give evidence.
Which experts
Section 4 of the Criminal Procedure (Insanity) Act 1964 requires evidence from two registered medical practitioners, at least one approved under section 12 of the Mental Health Act 1983. A clinical psychologist can add evidence on cognition and suggestibility.
What happens next
If the court finds the defendant unfit, a jury decides whether they did the act charged. The court’s disposal options are then limited to a hospital order, a supervision order or an absolute discharge.
How to instruct
Send us the charge, hearing dates and any records of mental health or learning difficulty. We will match a suitable psychiatrist and send a CV and quote within one working day. Read about our fitness to plead assessments.
General information for solicitors. Not legal advice.