Roberts, R v

Roberts, R v

There are no arguable grounds for appeal; the applicant, adjudged unfit, cannot appeal in person, and the evidence admitted was proper and agreed by counsel; the procedural and costs issues are clarified for future cases.

Parties
Respondent: R; Applicant: Roberts
Jurisdiction
England and Wales
Judgment Date
17 July 2019
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal
Outcome
renewed application for leave to appeal refused
Legal Topics
Fitness to Plead, Criminal Procedure (insanity) Act 1964, Bad Character Evidence, Appeals by Unfit Accused, Legal Costs, Waiver of Privilege
Criminal Law Mental Health Law Procedure Fitness to Plead Criminal Procedure (insanity) Act 1964 Bad Character Evidence Appeals by Unfit Accused Legal Costs +1 more

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Parties

R

Respondent

Roberts

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal

Legal Issues

  1. 1 Whether an accused found unfit to be tried can appeal in person
  2. 2 Admissibility of bad character evidence in s.4A proceedings
  3. 3 Proper procedure for appeals under s.4 and s.4A Criminal Procedure (Insanity) Act 1964

Ratio Decidendi

There are no arguable grounds for appeal; the applicant, adjudged unfit, cannot appeal in person, and the evidence admitted was proper and agreed by counsel; the procedural and costs issues are clarified for future cases.

Court Disposition

renewed application for leave to appeal refused

Orders

  • Legal aid representation order revoked; costs to be paid out of central funds