Fitness to plead
Encyclopedia
In the law of England and Wales, fitness to plead is the capacity of a defendant in criminal proceedings to comprehend the course of those proceedings. The concept of fitness to plead also applies in Scots law
. Its United States
equivalent is competence to stand
.
In England and Wales the legal test of fitness to plead is based on R v Pritchard. The accused will be unfit to plead if he is unable to either:
If the issue is raised by the prosecution, the prosecution must prove beyond reasonable doubt
that the defendant is unfit to plead. If the issue is raised by the defence, it need only be proved on the balance of probabilities.
In Scotland the test is based on HMA v Wilson, and has two elements:
, but the court may postpone consideration of unfitness until any time before the opening of the defence case. This power might be used to allow the defence to challenge the prosecution case on the basis that there is no case to answer
.
If the judge determines that the defendant is unfit to plead, evidence will be heard and the jury will be asked to determine whether he did the act or made the omission charged against him as the offence. This process avoids the detention of innocent persons in hospital merely because they are mentally unfit. It has been held that the reference to the "act or omission" means that the jury should not normally consider whether the defendant had the requisite mens rea
.
If the jury find that the defendant is unfit to plead, the judge may:
An appraisal of the use of the legal test for fitness to plead in England found that 40% of psychiatric court reports did not mention fitness to plead at all, and that only a third made a statement about fitness to plead that was supported by reference to the legal criteria.
Research on the application of the legal test in Scotland shows that only 40% of psychiatric court reports made reference to the full legal criteria for fitness to plead.
Other jurisdictions address issues of a defendant's ability to meaningfully participate in the proceedings in a variety of ways. For example, in New York
, if a defendant's capacity to understand the proceedings and participate in his or her defense is in question, the court will order that the defendant be examined by two independent medical professionals and conduct a hearing to consider the medical evidence, a procedure known as a "730 examination" as it is governed by Section 730 of the New York Criminal Procedure Law. Analogous procedures exist in other jurisdictions.
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. Its United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
equivalent is competence to stand
Competence (law)
In American law, competence concerns the mental capacity of an individual to participate in legal proceedings. Defendants that do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify...
.
Test
If the issue of fitness to plead is raised, a judge is able to find a person unfit to plead. This is usually done based on information following a psychiatric evaluation.In England and Wales the legal test of fitness to plead is based on R v Pritchard. The accused will be unfit to plead if he is unable to either:
- to comprehend the course of proceedings on the trial, so as to make a proper defence;
- to know that he might challenge any jurors to whom he may object;
- to comprehend the evidence; or
- to give proper instructions to his legal representatives.
If the issue is raised by the prosecution, the prosecution must prove beyond reasonable doubt
Beyond reasonable doubt
Beyond a reasonable doubt refers to the legal principle of reasonable doubt, the standard of proof required in most criminal cases.Beyond Reasonable Doubt may also refer to:...
that the defendant is unfit to plead. If the issue is raised by the defence, it need only be proved on the balance of probabilities.
In Scotland the test is based on HMA v Wilson, and has two elements:
- to be able to instruct counsel and
- to understand and follow proceedings.
Procedure
The question of unfitness to plead is determined by a judge. The decision should normally be made as soon as it arises, which would ordinarily be before arraignmentArraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
, but the court may postpone consideration of unfitness until any time before the opening of the defence case. This power might be used to allow the defence to challenge the prosecution case on the basis that there is no case to answer
No case to answer
In UK law, at the close of the prosecution's case during a criminal trial, the defendant may submit to the judge or magistrate that there is no case for the defendant to answer. If the judge agrees, then the matter is dismissed and the defendant is acquitted without having to present any evidence...
.
If the judge determines that the defendant is unfit to plead, evidence will be heard and the jury will be asked to determine whether he did the act or made the omission charged against him as the offence. This process avoids the detention of innocent persons in hospital merely because they are mentally unfit. It has been held that the reference to the "act or omission" means that the jury should not normally consider whether the defendant had the requisite mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
.
If the jury find that the defendant is unfit to plead, the judge may:
- make a guardianship order within the meaning of the Mental Health Act 1983Mental Health Act 1983The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
; - make a supervision and treatment order within the meaning of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; or
- make an order for his absolute discharge.
Criticism
There is a dearth of research into fitness to plead in the UK, with no prospective studies and no studies involving the comparison of fit and unfit subjects. In particular, there have been no investigations into the meaning of ‘unfit to plead’ in terms of psychiatric symptomatology, or as to the relative importance of each legal fitness criterion in psychiatrists' conclusions as to fitness.An appraisal of the use of the legal test for fitness to plead in England found that 40% of psychiatric court reports did not mention fitness to plead at all, and that only a third made a statement about fitness to plead that was supported by reference to the legal criteria.
Research on the application of the legal test in Scotland shows that only 40% of psychiatric court reports made reference to the full legal criteria for fitness to plead.
Other jurisdictions address issues of a defendant's ability to meaningfully participate in the proceedings in a variety of ways. For example, in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, if a defendant's capacity to understand the proceedings and participate in his or her defense is in question, the court will order that the defendant be examined by two independent medical professionals and conduct a hearing to consider the medical evidence, a procedure known as a "730 examination" as it is governed by Section 730 of the New York Criminal Procedure Law. Analogous procedures exist in other jurisdictions.