ABSENCE OF MEDICAL EVIDENCE OF UNFITNESS

Under the Criminal Procedure (Insanity) Act 1964 s.4(4)(5) and (6) a jury could only find a defendant unfit to plead or to stand trial if there was medical evidence to that effect. Where medical evidence was to the contrary there was no requirement to have a jury empanelled to make a decision.

[2004] EWCA Crim 1642