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: President of the Queens Bench Division (Sir Brian Leveson) Mr Justice Openshaw And Mr Justice Dove Citations: [2014] EWCA Crim 2648 Links: Bailii, Bailii Statutes: Criminal Procedure … Continue reading S v Regina: CACD 20 Jan 2015
Citations: [2005] EWHC 784 (Admin) Links: Bailii Statutes: Criminal Procedure (Insanity) Act 1964 Jurisdiction: England and Wales Criminal Practice Updated: 31 October 2022; Ref: scu.224935
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
Judges: Crane J Citations: [2005] EWHC 3035 (Admin) Links: Bailii Statutes: Criminal Procedure (Insanity) Act 1964 5 5(a) Jurisdiction: England and Wales Crime Updated: 24 July 2022; Ref: scu.238166
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
Held: A jury’s verdict that a person with disability had done the acts charged was not an acquittal and did not allow to the court the power to make a restraining order under section 5A of the Protection from Harassment Act 1997. Judges: Sir Brian Leveson P, Openshaw, Dove JJ Citations: [2015] EWCA Crim 109, … Continue reading Chinegwundoh v Regina: CACD 20 Jan 2015
Appeal against findings of fact as to commission of offences of sexual assault in a minor – defendant unfit to plead. Held: Further evidence of no assistance. Judges: Sir Brian Leveson P QBD, Openshaw, Dove JJ Citations: [2014] EWCA Crim 2647 Links: Bailii, Bailii Statutes: Criminal Procedure (Insanity) Act 1964 Jurisdiction: England and Wales Crime, … Continue reading Ahmed v Regina: CACD 20 Jan 2015
Citations: [2005] EWHC 662 (Admin) Links: Bailii Statutes: Criminal Procedure (Insanity) Act 1964 Jurisdiction: England and Wales Criminal Practice, Health Updated: 29 June 2022; Ref: scu.224384
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 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
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
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
Sir Brian Leveson P QBD, Openshaw, Dove JJ [2014] EWCA Crim 2648 Bailii Criminal Procedure (Insanity) Act 1964 England and Wales Crime, Health Updated: 27 December 2021; Ref: scu.541567
An individual sentenced to a hospital order following a finding under section 5 (1) (b) of the Criminal Procedure (Insanity) Act 1964 that he ‘is under a disability and that he did the act or made the omission charged against him’ is neither subject to section 117C of the 2002 Act (as amended) nor to … Continue reading MZ (Hospital Order: Whether a ‘Foreign Criminal’): UTIAC 15 Jun 2020
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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 appellant had been found unfit to plead after assaulting his son, and he had been detained under the 1964 Act. He alleged his detention was in breach of his right to a fair trial. His release had been authorised subject to the appointment of a supervising psychiatrist. He complained that his detention was unlawful … Continue reading Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003
The High Court may review, on an application made by a properly interested party, a decision made by a Crown Court under the Act. Although this related to a trial on indictment, the Crown Court judge had made an order without jurisdiction. . .
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The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007
Judges: Davis LJ, Warby, Julian Knowles JJ Citations: [2019] EWCA Crim 1270, [2019] WLR(D) 410 Links: Bailii, WLRD Statutes: Prosecution of Offences Act 1985, Criminal Procedure (Insanity) Act 1964 4 Jurisdiction: England and Wales Criminal Practice Updated: 15 July 2022; Ref: scu.640048
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose. Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management ensuring that it was supplied with proper information and acted quickly. In this case the … Continue reading Norman, Regina v: CACD 31 Jul 2008
The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under section 4 by a jury. He was however later made subject to the s37 order. … Continue reading A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003
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
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
If a defendant wished the court to consider whether he was fit to plead, he must provide reports from two medical experts to comply with the statute. In this case, the court had been provided with only one, and was therefore unable to consider the plea. Judges: Lord Justice Stanley Burnton, Mr Justice Penry-Davey and … Continue reading Regina v Ghulam: CACD 21 Oct 2009
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 defendant, suffering dementia and with other age related disabilities, had been found under the 2006 Act to have committed an historic rape. The authority now appealed saying that the supervision order imposed by the court had been outside its jurisdiction. Held: He did not have the jurisdiction used. The case was remitted for resentencing … Continue reading The City and County of Swansea v Swansea Crown Court and Another: Admn 9 Jun 2016
Judgment in two cases, an appeal against conviction (R v. Marcantonio) and an application for permission to appeal against conviction (R v. Chitolie), which have in common the submission that the appellant/applicant in each case was unfit to plead, within section 4, Criminal Procedure (Insanity) Act 1964, at the time of his trial, and that … Continue reading Marcantonio v Regina: CACD 24 Feb 2016
[2003] EWCA Crim 1625 Bailii Criminal Procedure (Insanity) Act 1964 4(5) England and Wales Criminal Practice Updated: 04 January 2022; Ref: scu.346296
The appellant, accused of several rapes but found unfit to plead and made subject to a hospital order, appealed saing that his police interview had been wrongly admitted, and that the judge had failed to give a Lucas direction. Fulford LJ, Cox J, Wait J [2013] EWCA Crim 2329 Bailii Sexual Offences Act 2003, Criminal … Continue reading Swinbourne, Regina v: CACD 10 Dec 2013
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 . .