Assessing fitness to plead in Scotland's learning disabled

Abstract

The authors reviewed 139 pre-trial psychiatric court reports from learning disability services within Scotland to consider the appropriate application of case law in determining fitness to plead. Of the reports in the sample, 40% correctly applied the test. Fitness to plead was not discussed at all in 9.3%. Almost 8% of the sample were assessed as unfit to plead, with all of this sub-group having had both criteria considered to determine their fitness to plead. This sub-group all had a mild or moderate learning disability with only one dual diagnosis. This would seem to indicate that evidence of a learning disability is in itself sufficient to require consideration of the accused's fitness to plead as directed by Scottish case law.