Who decides whether remanded patient is unfit to plead?

Law and practice Other
1

Hi folks,
I’m curious - whose decision is it whether a person on remand is fit to attend their plea hearing? In this instance, the family believe the person is extremely mentally unwell and that their loved one is not fit to plea, has in fact missed two previous plea hearings on grounds of not being fit, according to the person. A colleague in the prison reports this person to be doing well.
Who decides? Is it the person’s solicitor?
Thanks

2

Ultimately it’s a court issue and if questions emerge about fitness because of representations and contradictions from the prison, they can ask a doctor for a report - potentially the prison psychiatrist.

You can’t just keep not showing up ‘cos your mum said you’re unfit - eventually the court needs to make a decision whether they are or aren’t. And of course, even if someone IS found unfit, the court process can still continue to a trial of the facts.

1 Like
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Treating RC/Team.

4

Some courts from experience have a court diversionary system in place. A psychiatrist on call or requested by the court to assess a DP (detained person). Alternatively there is nothing which states you cannot request your own independent psychiatrist to assess the situation prior to the person attending court.