In appropriate cases, the court should take account of the fact, if it be such that ‘being unfit to plead, the defendant would have no realistic opportunity of going into the witness box and defend himself, nor to give coherent instructions to his advisers.’
Citations:
[2003] 2 Cr App 322
Jurisdiction:
England and Wales
Cited by:
Cited – Norman, Regina v CACD 31-Jul-2008
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 23 May 2022; Ref: scu.279808