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The aim of this study is to outline the difficulties confronting the court when fitness to plead and insanity defence are contested.
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| Submitted: Sat Aug 30 2003
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CHAPTER ONE INTRODUCTION The aim of this study is to outline the difficulties confronting the court when fitness to plead and insanity defence are contested. The relationship between fitness to plead, insanity and crime has been of interest to man from time. This is particularly so when crimes like homicide (murder) have been committed. Prior to the trial (Pre-trial phase), fitness to plead is usually contested. It is not unusual for a person appearing before the court to be unfit to plead. The jury, by resorting to the trial of facts, determines whether the accused committed the act or not. With regards to the Soham Killings, Huntley's "fitness to plead" was questioned. As a result of this he had to be remanded under section 35 of the Mental Health Act 1983, for a medical report at Rampton Special Hospital. The issue here is to ascertain that the individual has got sufficient intellect to be...
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