Unfitness to Plead--Some Observations on the Law Commission's Consultation Paper.

The article discusses a Consultation Paper published by the British Law Commission about the law on unfitness to plead. The legislation's goal is to protect defendants whose physical or mental conditions prevent them from participating or engaging effectively in the criminal trial procedure. The paper's focus is on the proper threshold for unfitness to plead in consideration of what an appropriate legal test for such a finding should be. The procedure for the trial of the facts with a view to its reform is also examined.