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England and Wales decisions
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Wood, R. v [2026] EWCA Crim 480 (17 April 2026)
The Court of Appeal held that David Wood was unfit to stand trial due to severe cognitive impairment and speech difficulties, quashed his conviction, and ordered an absolute discharge.
The Court of Appeal held that David Wood was unfit to stand trial in 2019, quashed his arson conviction, substituted disability findings, and ordered an absolute discharge.
The Court of Appeal quashed Walton’s convictions after fresh expert evidence showed he was not fit to plead at the relevant time and ordered an absolute discharge.
The Court of Appeal held it was bound by R v Clarke on confiscation orders after discharge, allowed Varma’s appeal, and certified the issue for the Supreme Court.
Magro, R v [2010] EWCA Crim 1575 (08 July 2010)
The Court of Appeal held it was bound by R v Clarke, so confiscation orders could not stand where an absolute or conditional discharge was imposed.
The Court of Appeal held that a confiscation order cannot be made where the defendant receives an absolute or conditional discharge for the offence.
Clarke v R. [2009] EWCA Crim 1074 (12 June 2009)
The Court of Appeal held that a confiscation order could not be made where the defendant received a conditional discharge, and quashed the ÂŁ1,500 order.
The Divisional Court held that where an accused found unfit to plead later becomes fit, sections 4A and 5 do not apply. A fresh section 4 hearing is required.
The High Court quashed a Mental Health Tribunal’s absolute discharge of a restricted patient, holding it had not expressly considered liability to recall under section 73.
The High Court quashed a tribunal’s absolute discharge of a restricted patient for failing to consider liability to recall under section 73(1)(b) of the Mental Health Act 1983.
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