Unfitness to Plead and the Trial of Facts: A Critical Review of the Law Commission's Proposals and the Decision in R v MB

The Law Commission published Consultation Paper No. 197 in October 2010 on unfitness to plead. This article will focus on the trial of facts hearing and the Law Commission's proposals in this regard. An examination will also be made of the Court of Appeal's judgment in R v MB given since the publication of the Law Commission Consultation Paper. The preferred route chosen by the Law Commission will be advocated, subject to concerns of properly balancing the need to protect both the vulnerable defendant from an unfair hearing and the public from the dangerous individual.