Government to review and reform the law on unfitness to plead, including the judicial powers following a "trial of facts" with the aim to ensuring that victims' rights and public protection are central to outcomes. This review should consider mandatory public safety measures (such as driving bans).
In our view, current laws on defendants "unfit to plead" are outdated and fail to protect the public or deliver justice. Even when a jury finds someone caused serious harm or death, courts have limited powers and may impose no meaningful sanction. We believe that this legal gap denies justice to victims, restricts judges, and risks public safety. Reform is urgently needed.
Government response
The Government agrees that the law needs updating and is considering reforms, including a wider range of court disposals and more effective powers to protect victims and the public.