Assessing fitness to plead in Scotland's learning disabled
- Authors:
- BREWSTER Eleanor, WILLOX Elizabeth G., HAUT Fabian
- Journal article citation:
- Journal of Forensic Psychiatry and Psychology (The), 19(4), December 2008, pp.597-602.
- Publisher:
- Taylor and Francis
The authors reviewed 139 pre-trial psychiatric court reports from learning disability services within Scotland to consider the appropriate application of case law in determining fitness to plead. Of the reports in the sample, 40% correctly applied the test. Fitness to plead was not discussed at all in 9.3%. Almost 8% of the sample were assessed as unfit to plead, with all of this sub-group having had both criteria considered to determine their fitness to plead. This sub-group all had a mild or moderate learning disability with only one dual diagnosis. This would seem to indicate that evidence of a learning disability is in itself sufficient to require consideration of the accused's fitness to plead as directed by Scottish case law.
- Subject terms:
- learning disabilities, offenders, sentences, criminal law;
- Content type:
- research
- Location(s):
- Scotland
- Link:
- Journal home page
- ISSN online:
- 1478-9957
- ISSN print:
- 1478-9949