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Procedure – unfit to plead

An applicant unfit to plead under ss4 and 4A of the Criminal Procedure (Insanity) Act 1964 would not be competent to lodge an appeal against a jury decision – they can only appeal with legal representatives.
 
The applicant made a number of unsuccessful applications, nine months out of time and in person via correspondence from a psychiatric hospital, including for leave to appeal the finding that he had committed sexual offences, and leave to appeal against sentence.
 
The CA considered the legal framework in relation to appeals and applications where A has been declared unfit to plead, ruling that once someone has been deemed unfit to plead by the Crown Court judge a legal aid representation order is no longer effective. 
 
Further, in relation to a trial of the issue under s4A of the 1964 Act, application should be made under s19(3)(d) of the Prosecution of Offences Act 1985 for appointment and for costs out of central funds. R v Roberts [2019] EWCA Crim 1270www.bailii.org.
 

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