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.
Hooper LJ, Gross J
Times 24-Jan-2006,  EWHC 3016 (Admin),  1 WLR 1992
England and Wales
Updated: 23 July 2022; Ref: scu.238175