The defendant had been found unfit to stand trial, at a later hearing under the section, the jury had found that he had committed the act complained of. He was discharged but ordered to be placed on the sex offenders register. He appealed on the basis that the later finding was incompatible with the Convention. … Continue reading Regina v H (On appeal from the Court of Appeal (Criminal Division)): HL 30 Jan 2003
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The defendant appealed the decision of the court in a hearing under the 1964 Act that he had been involved in the offence at issue. He said the court had been wrong to admit hearsay evidence. Held: The prosecution had had to present evidence under section 116(2)(d) of the 2003 Act, by way of a … Continue reading Regina v Chal: CACD 5 Oct 2007
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 … Continue reading Hasani v Blackfriars Crown Court: Admn 21 Dec 2005
The defendant was accused of murder. She had been found to be under a disability under the Act, but wanted to put forward a defence of provocation. Under Antoine, it was clear that matters of mens rea under the Act were not for the jury. The suggestion of provocation was one which was as to … Continue reading Regina v Heather Grant: CACD 22 Nov 2001
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished responsibility. The judge had followed Egan in saying that the … Continue reading Regina v Antoine: HL 30 Mar 2000
Renewed application for leave to appeal raises questions as to the admissibility of bad character evidence when a jury is determining pursuant to section 4A of the Criminal Procedure (Insanity) Act 1964 whether an accused person did the act or made the omission charged against him as the offence. Citations: [2011] EWCA Crim 144 Links: … Continue reading Regina v Creed: CACD 8 Feb 2011
The court considered whether the trial court had correctly identified the test for fitness to plead. Held: The appeal was allowed: ‘Once the issue of fitness to plead has been raised it must be determined. In this case, the judge explicitly found that the appellant had been fit to participate in his trial up to … Continue reading Orr, Regina v: CACD 7 Jul 2016
The defendant had been found unfit to plead on a charge of murder. Charges against the co-defendants were later reduced to inflicting grievous bodily harm, but when the defendant came to be dealt with, it was on the basis that the charge remained . .
A jury had found, under section 4(5) of the 1964 Act as amended, that the defendant was unfit to plead. The court considered section 5 of the 1964 Act. Held: A judge of the Crown Court is obliged under the section to make a mandatory order containing restrictions on the liberty of the accused person … Continue reading Regina v Grant: CACD 22 Nov 2001
The House considered the availability of duress as a defence on a charge of aiding and abetting murder. Referring to the basic elements of criminal liability, mens rea and actus reus: ‘Both terms have, however, justified themselves by their usefulness; and I shall myself employ them in their traditional senses – namely, actus reus to … Continue reading Director of Public Prosecutions for Northern Ireland v Lynch: HL 1975
The applicants challenged the procedures under which, having been found unfit to plead by proceedings under the section, they were then found to have committed the acts forming the offences. The defendants were unable to put forward any case in rebuttal. Applications to stay proceedings as an abuse of process had failed. Were such proceedings … Continue reading Regina v Moore, Kerr, Haroon: CACD 5 Oct 2001
