B, R. v

B, R. v

The appellant was unfit to plead and could not understand the police caution or interview; therefore, the admission should not have been admitted and the finding that he did the act charged cannot stand.

Parties
Appellant: B; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
19 June 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
finding set aside, acquittal directed, no retrial ordered
Legal Topics
Unfitness to Plead, Admissibility of Evidence, Sexual Offences, Case Management
Criminal Law Mental Health Law Unfitness to Plead Admissibility of Evidence Sexual Offences Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

B

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was unfit to plead under the Pritchard criteria
  2. 2 Whether the police interview was admissible given the appellant's unfitness to plead
  3. 3 Whether the finding that the appellant did the act charged should stand

Ratio Decidendi

The appellant was unfit to plead and could not understand the police caution or interview; therefore, the admission should not have been admitted and the finding that he did the act charged cannot stand.

Court Disposition

finding set aside, acquittal directed, no retrial ordered

Orders

  • The finding that the appellant did the act charged is set aside.
  • An acquittal is directed under section 16.