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Chapter 18 - Fitness to Plead and Neurodevelopmental Disorders

from Section 3 - Criminal Justice Pathways and Legal Issues

Published online by Cambridge University Press:  18 May 2023

By
Penelope Brown ,
Salma Ali  and
Elizabeth Harris
Edited by
Jane M. McCarthy ,
Regi T. Alexander  and
Eddie Chaplin
Jane M. McCarthy
Affiliation:
Sussex Partnership NHS Foundation Trust and University of Auckland
Regi T. Alexander
Affiliation:
Hertfordshire Partnership University NHS Foundation Trust and University of Hertfordshire
Eddie Chaplin
Affiliation:
Institute of Health and Social Care, London South Bank University
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Summary

The right to a fair trial is embedded in human rights law. For a trial to be fair, the accused needs to be an active participant – to understand what they have been charged with and to be able answer that charge in a meaningful way. Laws relating to fitness to plead, or competence to stand trial, have developed in many jurisdictions and are designed to protect vulnerable defendants and in some cases divert them into healthcare. There are concerns that the law is not currently fit for purpose. Defendants with neurodevelopmental disorders face particular challenges when accused of a criminal charge at court. Many present with communication deficits, poor understanding and cognitive impairments, stereotyped and other abnormal behaviours, and lack of theory of mind. Identifying those who are unfit to plead can be problematic. In this chapter, we describe legal frameworks for fitness to plead and consider how neurodevelopmental disorders can impact an individual’s ability to participate effectively in their trial. We consider how best to identify, assess and support vulnerable defendants to improve their experience at court and ensure their fair trial rights are upheld.

Keywords

fitness to pleadcompetence to stand trialmentally disordered offendersmental health lawforensic psychiatryneurodevelopmental disordershuman rights
Type
Chapter
Information
Forensic Aspects of Neurodevelopmental Disorders
A Clinician's Guide
 , pp. 217 - 233
Publisher: Cambridge University Press
Print publication year: 2023

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