The defendant had already been judge unfit to plead by a jury, but then medical evidence became available to suggest he was now fit to plead. He challenged the decision to recommence the criminal proceedings.
Held: There was no rule to prevent him facing a second jury. It would be absurd for him to be given an absolute discharge in such circumstances.
Judges:
Hooper LJ, Gross J
Citations:
Times 24-Jan-2006, [2005] EWHC 3016 (Admin), [2006] 1 WLR 1992
Links:
Statutes:
Criminal Procedure (Insanity) Act 1964 4A
Jurisdiction:
England and Wales
Criminal Practice
Updated: 23 July 2022; Ref: scu.238175