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John M, Regina v: CACD 14 Nov 2003

The trial judge had directed the jury, determining fitness to plead, with an extended formulation of the test, including the appellant’s ability to give evidence, if he wished, in his own defence. This facility had been described to mean that ‘the defendant must be able (a) to understand the questions he is asked in the … Continue reading John M, Regina v: CACD 14 Nov 2003

S v Regina: CACD 20 Jan 2015

The defendant appealed out of time from a finding of guilt of rape, having first been declared unfit to plead (through autism), and the consequent Hospital Order. Judges: Openshaw J Citations: [2015] EWCA Crim 2648 Links: Bailii Statutes: Criminal Procedure (Insanity) Act 1964 4(5) Jurisdiction: England and Wales Crime Updated: 29 March 2022; Ref: scu.543087

Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008

The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence. Held: Parliament had a legitimate concern for the protection of the public, and defendants themselves, from persons whom it would be unfair to try because they have insufficient understanding … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008