Laws on unfitness to stand trial and the UN Convention on the Rights of Persons with Disabilities: Comparing reform in England, Wales, Northern Ireland and Australia

Abstract

The laws on unfitness to stand in criminal trials have not been examined in great detail by scholars since the coming into force of the United Nations Convention on the Rights of Persons with Disabilities ('CRPD') in 2008. This is perhaps surprising given the considerable law reform activity on unfitness to stand trial laws in a number of common law countries during this period. After all, persons with disabilities are more likely to be deemed unfit to stand trial. Indeed the aim of rules on unfitness to stand trial is to prevent disadvantage flowing from mental impairments. However, the consequence of an unfitness determination in criminal trials can result in a person being detained in a p..