Harding v Att. Gen. [2010] JLR 239 (18 May 2010)

Harding v Att. Gen. [2010] JLR 239 (18 May 2010)

The applicable test for fitness to plead is whether the accused is unable to understand and participate actively in proceedings due to insanity.

Citation
[2010] JLR 239
Parties
Accused: Harding; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
18 May 2010
Procedural Posture
Criminal / Fitness to Plead Determination
Outcome
Determination of fitness to plead under statutory test
Legal Topics
Fitness to Plead, Insanity

Case Brief

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Parties

Harding

Accused

Attorney General

Respondent

Procedural Posture

Criminal / Fitness to Plead Determination

  1. 1 Whether the accused is unfit to plead by reason of insanity under the Criminal Justice (Insane Persons) (Jersey) Law 1964, art. 1(1)

Ratio Decidendi

The applicable test for fitness to plead is whether the accused is unable to understand and participate actively in proceedings due to insanity.

Court Disposition

Determination of fitness to plead under statutory test