Policy paper

Government response to the Law Commission Report ‘Unfitness to Plead’

This document details the government response to the Law Commission’s Unfitness to Plead report.

This was published under the 2022 to 2024 Sunak Conservative government

Applies to England and Wales

Documents

Details

This document sets out the government’s response to the Law Commission’s report on Unfitness to Plead.

The unfitness to plead framework addresses what should happen in criminal courts where a defendant lacks sufficient capability or capacity to effectively participate in their trial, including understanding the charges against them and deciding how to plead.

The government has accepted the majority of the Law Commission’s recommendations, which will modernise the unfitness to plead procedure. The government will look to bring forward legislation to implement these recommendations when Parliamentary time allows

Updates to this page

Published 1 November 2023

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