A Practical Guide to Fitness to Plead and Insanity in the Crown Court and Magistrates Court

The Criminal Justice System is at the forefront of the mental heealth crisis. As a result of underfunding of both the healthcare sector and the justice system advocates find themselves dealing with an ever increasing number of defendants with severe mental health issues, often at a point of crisis within the criminal courts.

This book endeavours to assist those who represent people within the criminal courts with mental health which impacts on their ability to enter a plea, stand trial, or withstand the trial process. “Fitness to plead” law and procedure is explored both with regards to the Crown court and magistrates’ courts as is the lack of provision for those for whom “effective participation” is a key issue, even if their mental health concerns “fall short” of a disorder which might trigger fitness to plead provisions.

The book also explores the “special verdict” of insanity alongside the defence of “automatism” and the relationship between the two. Stopping short of ‘partial defences’ such as diminished responsibility, this book focuses on the immediate issues that face junior practitioners on their feet in the Crown and magistrates’ court.

Representing the most vulnerable within the justice system requires a rigorous understanding of the legal framework underpinning the area and in particular of the ways in which a court can dispose of a case. The book aims to provide practitioners a brief summary and introduction to the area, and guidance as to the most common issues which arise.