The Development of Unfitness to Plead in English Law
Keyword(s):
Case Law
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This chapter contains an account of the law on unfitness to plead in England and Wales. As such it contains a discussion of problems that have arisen in the application of the fitness-to-plead rules through an analysis of recent case law. It also includes an analysis of the author’s empirical research on the doctrine, together with a discussion of how a new test for unfitness to plead was introduced as a result of litigation in the Channel Island of Jersey, the first and so far, only British jurisdiction to incorporate decisional competence into a test for unfitness to plead. (The island of Jersey is not part of the United Kingdom, but part of Great Britain, being a Crown dependency of the United Kingdom.)