Trial of the facts

Under the earlier Criminal Procedure (Insanity) Act 1964, determination of unfitness to plead led to an assumption that the accused had committed the act, without need for the prosecution to submit evidence, followed by automatic admission to hospital. In consequence fitness to plead was very rarely raised by defendants. Under the 1991 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, if the accused is found unfit to plead then a "trial of the facts" before a jury is held, so that the evidence against the defendant is tested to some degree. An unfit person would not necessarily require admission to a psychiatric hospital. == References ==