THE TRIAL OF THE FACTS AND UNFITNESS OF PLEAD

The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 made provision far there to be a ''trial of the facts'' after any defendan t has been found unfit to plead. This article describes a case study a s a means of examining some of the difficulties that courts face in re lation to such a hearing. This is followed by a brief discussion of th e first appellate decision to address this topic.