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Unfitness to Plead and the Admissibility of Confessions

Unfitness to Plead and the Admissibility of Confessions AUST & NZ JOURNAL OF CRIMINOLOGY (March 1980) 13 (37-40) 37 UNFITNESS TO PLEAD AND THE ADMISSIBILITY OF CONFESSIONS Allen A Bartholomew", Kerry L Miltet and W C Canningj ] The concept of fitness, or unfitness, to plead and stand trial has been a part of our law for a very long time'. A major problem has been that the end result of a finding by a jury of unfitness to plead and stand trial has been confinement in strict custody for an indeterminate period of time: in the State of Victoria, under the provisions of the Crimes Act 1958, s 393, "safe custody of such person during the Governor's pleasure ...." Again in Victoria, this seemingly inevitable result was successfully challenged in the County Court in 1972 (R v Andrews, unreported) but the status quo re-established following an application by the Attorney-General applied "under 0 53 of the Supreme Court Rules for an order nisi for mandamus or certiorari and on that day an order was made which, as subsequently amended, is a general order nisi under 0 53 calling upon the learned judge and the accused to show cause before the Full Court why a writ of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

Unfitness to Plead and the Admissibility of Confessions

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References (1)

Publisher
SAGE
Copyright
© The Australian and New Zealand Society of Criminology and Authors, 1980
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486588001300107
Publisher site
See Article on Publisher Site

Abstract

AUST & NZ JOURNAL OF CRIMINOLOGY (March 1980) 13 (37-40) 37 UNFITNESS TO PLEAD AND THE ADMISSIBILITY OF CONFESSIONS Allen A Bartholomew", Kerry L Miltet and W C Canningj ] The concept of fitness, or unfitness, to plead and stand trial has been a part of our law for a very long time'. A major problem has been that the end result of a finding by a jury of unfitness to plead and stand trial has been confinement in strict custody for an indeterminate period of time: in the State of Victoria, under the provisions of the Crimes Act 1958, s 393, "safe custody of such person during the Governor's pleasure ...." Again in Victoria, this seemingly inevitable result was successfully challenged in the County Court in 1972 (R v Andrews, unreported) but the status quo re-established following an application by the Attorney-General applied "under 0 53 of the Supreme Court Rules for an order nisi for mandamus or certiorari and on that day an order was made which, as subsequently amended, is a general order nisi under 0 53 calling upon the learned judge and the accused to show cause before the Full Court why a writ of

Journal

Australian & New Zealand Journal of CriminologySAGE

Published: Mar 1, 1980

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