An upturn in unfitness to plead? Disability in relation to the trial underthe 1991 Act

The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 introduce d flexibility of disposal in cases of unfitness to plead together with a ne w procedure, Known as "a trial of the facts", which applies to all cases wh ere the jury, has decided that the accused is unfit to plead and requires t he prosecution to prove that the accused "did the act or made the omission charged". This paper contains a study of the impact of the first five years of the 1991 Act in order to assess the effects of these changes.