Fitness to plead and competence to stand trial: a systematic review of the constructs and their application

Abstract

Fitness to plead is a fundamental legal concept. Its determination in England and Wales rests on professional interpretation of the 'Pritchard' criteria (1836). In the United States, the determination of the analogous concept of competence to stand trial rests on professional interpretation of the 'Dusky' criteria (1960). Numerous assessment instruments have been developed in North America to help guide professional determinations of competence to stand trial, but such assessments are not routinely employed in British settings. The evidence reviewed calls into question the utility of the fitness to plead construct as currently formulated and highlights the inadequacy of the procedures employed in its determination. We argue that both conceptual and procedural changes are required.

Psychiatric and psychological aspects of fraud offending

“…• enter a plea • understand the evidence (Rogers 2008) scientific reliability would be useful in courts in England and Wales (Law Commission 2009). The reliability of such evidence is paramount in decisions about admissibility.…”

Reformulating fitness to plead: a qualitative study

“…In England and Wales, the mental capability required to fairly stand trial is enshrined in the concept of 'fitness to plead' (Rogers, Blackwood, Farnham, Pickup, & Watts, 2008). A defendant must be able to: plead; understand evidence; understand court proceedings; instruct a lawyer; and must understand that a juror can be challenged.…”

Fitness to Stand Trial: A General Principle of European Criminal Law?

“…24 The US Supreme Court ruled on appeal that the test for competency to stand trial was 'whether he [had] sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding-and whether he [had] a rational as well as factual understanding of the proceedings against him '. 25 This Dusky standard reveals three separate factors: 26 the ability to consult with defence counsel; -the ability to 'otherwise assist with [their] defence'; -having both a rational and factual understanding of the proceedings.…”

“…This Act uses a functional approach to capacity by looking at the decision-making ability at a particular moment in time and not the more general decision capacity of a person. 17 Although this Act does not specifically mention fitness to stand trial, it has influenced decisionmaking in this respect. For the development of a new legal test, the Law Commission uses this Act and gives some specific criteria for decision-making capacity.…”

“…15 In the Mental Capacity Act (2005) a framework and guideline for determining mental capacity is given. 16 Mental capacity is defined as follows in Article 2(1): '[A] person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain (whether permanent or temporary).' This Act uses a functional approach to capacity by looking at the decision-making ability at a particular moment in time and not the more general decision capacity of a person.…”