[2004] EWCA Crim 431

Where a jury found the applicant unfit to stand trial but the determination was postponed to allow medication and there was subsequent disagreement between doctors as to whether the applicant was then fit to stand trial, there was no mechanism under the Criminal Procedure (Insanity and Unfitness to Plead) Act 1964 by which to set aside the finding so the matter had to proceed to determination. That disclosed an unsatisfactory lacuna in the law. However, any rights or breach of those rights were retained and the applicant could seek civil remedies.

CA (Crim Div) (Mantell LJ, Butterfield J, Judge David Hodson)

13/02/2004