Podcast Location:
Download it here [file size: 27.2 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at criminal practitioner or those with an interest in law reform issues. It addresses what are perceived to be the current deficiencies in the substantive law and procedure relating to unfitness to plead and how that might be remedied.

Outcomes:
After completing the course you will:
  • Understand what is meant by unfitness to plead;
  • Understand how the question of whether a Defendant is fit to plead is currently dealt with by the law;
  • Understand the deficiencies in the current Pritchard test for judges, Defendants and psychiatrists;
  • Know what the Law Commission proposes to do in order to reform the law relating to unfitness to plead and its likely impact;
  • Understand the importance of the Defendant’s capacity and participation;
  • Understand the importance of special measures in assessing if a Defendant is fit to plead under the proposed reforms;
  • Know who the appropriate person is to assess capacity;
  • Be aware of the other procedural deficiencies in the current unfitness to plead hearing.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Prichard (1836) 7 C & P 303;
  • Criminal Procedure (Insanity) Act 1964 s4A;
  • Criminal Lunatics Act 1800;
  • Criminal Procedure (Insanity and Unfitness to Plead) Act 1991;
  • Mental Capacity Act 2005;
  • Article 5 ECHR;
  • Domestic Violence Crime & Victims Act 2004;
  • Antoine [2000] UKHL 20;
  • Law Commission materials on this topic.
Tags:

This criminal law podcast, produced in conjunction with the Law Commission examines the current state of the law relating to a defendant’s fitness to plead to a charge and participate in criminal proceedings. This podcast also explores the reform proposals the Commission has brought forward in order to remedy what it perceives to be deficiencies in the current law.

Podcast added: 10/10/11

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