Lack of Capacity

Abstract

This article examines the new tests proposed for effective participation at trial and ability to plead guilty set out in the recently published Law Commission Report. 1 The two new tests aim to replace the current criteria on unfitness to plead developed in M (John) 2 and originating from Pritchard. 3 While the tests are a welcome development in a set of scrupulously drafted proposals, particular focus will be given to the absence of a diagnostic threshold.