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

Key to icons

  • Free resource Free resource
  • Journal article Journal article
  • Book Book
  • Digital media Digital media
  • Journal Journal

Give us your feedback

Social Care Online continues to be developed in response to user feedback.

Contact us with your comments and for any problems using the website.

Sign up/login for more

Register/login to access resource links, advanced search and email alerts