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Shorter Paper

Fitness to plead: The mental health act 1983 reconsidered

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Pages 563-568 | Published online: 04 Jan 2008
 

Abstract

The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 allows for flexible disposal in cases where the defendant is found under disability in relation to trial. However, the issue cannot be raised before a magistrate, and the Act makes no mention of those too disordered to attend court. The Mental Health Act 1983 contains specific provision allowing unfit defendants to be dealt with appropriately in such circumstances. Two cases are reported.

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