Fitness to plead

Fitness to plead

The press seem to be rather confused over the issue of fitness to plead, which has been thrust into the limelight with the decision by the DPP to decline to prosecute Lord Janner on the basis that it would not be in the public interest.

If Lord Janner is not fit to plead, then it is arguably still in the public interest for this to go to court, where a judge can rule on this issue. Thereafter the jury would determine whether he actually committed the acts in question. If the jury found that he had, then he coud be placed on the sex offender's register and receive the disposals available under the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991. Someone who is unfit to plead is also unfit to stand trial, and so cannot be convicted. It follows that the person cannot be sentenced. There are a number of capacities required to be fit to plead, which revolve around being able to participate properly in the judicial process. 

The DPP has clarified that the medical opinions suggest that Lord Janner's health is so poor that it would be unjust to subject him to any punishment or disposal. The result of a trial of the facts would be an absolute discharge. The medical experts have been instructed both by the defence and the police/Crown Prosecution Service. The fact that Lord Janner is still eligible to sit in the House of Lords is irrelevant. There are no mental state criteria defined for suitability to sit in the House of Lords. Peers can be suspended, but removing them involves an act of Parliament.