Schedule 1 - Modification of sections 12 to 15 for Northern Ireland
Domestic Violence, Crime and Victims Bill [Lords]
3:00 pm
Mr Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe and Sale East, Labour)
The amendments would reintroduce procedural changes for determining fitness to plead under the Criminal Procedure (Insanity) Act 1964 that were removed from the Bill in the other place.
New clause 20 introduces the central change. The decision on whether the defendant is fit to be tried is to be taken
''by the court without a jury''.
That replaces the current requirement that a jury take that decision. The change was a recommendation of Lord Justice Auld. It is designed to streamline the current cumbersome process whereby separate juries
have to decide, first, whether the defendant is to be tried and, secondly, whether he did the act or made the admission as charged.
New clause 21 does the same in respect of Northern Ireland. Lord Justice Auld's remit did not include Northern Ireland. However, the proposed measure has attracted equally strong judicial support there and the Government wish to extend the provision to Northern Ireland as we think that it will be of equal value there as it will be in England and Wales.
The measure will improve the court process, but I wish to examine the issue from the point of view of the defendants. I believe that it will have some added protection for them in two ways. First, such defendants are often vulnerable, and if the judge were to make the determination, they would not have to go before the jury on two separate occasions. The judge would determine fitness to plead and a jury would then be convened to determine whether the defendants did the acts as charged. It is important to stress that we do not consider the provision to be an erosion of the right to trial by jury. A defendant cannot be sent directly to hospital if he is found unfit to plead. The result of a finding of unfitness to plead is that the trial of criminal liability stops, but the jury is still convened to engage in a fact-finding exercise. The defendant can be sent compulsorily to hospital only if he is found unfit to plead and a jury finds that he did the act with which he was charged.