Lawyers' experiences with fitness to plead to summary offences

O'Carroll, Betheli Lin (2016) Lawyers' experiences with fitness to plead to summary offences. Australian and New Zealand Journal of Criminology, 49 2: 221-239. doi:10.1177/0004865815570678


Author O'Carroll, Betheli Lin
Title Lawyers' experiences with fitness to plead to summary offences
Journal name Australian and New Zealand Journal of Criminology   Check publisher's open access policy
ISSN 1837-9273
0004-8658
Publication date 2016-06
Year available 2015
Sub-type Article (original research)
DOI 10.1177/0004865815570678
Open Access Status Not Open Access
Volume 49
Issue 2
Start page 221
End page 239
Total pages 19
Place of publication London, United Kingdom
Publisher Sage Publications
Collection year 2017
Language eng
Abstract In a number of Australian jurisdictions the approach to the determination of fitness to plead to summary offences is very unclear. The Queensland Court of Appeal has discussed the issue that in Queensland there is no general legislation that deals with deciding if a person charged with a summary offence is fit to plead. This article reports on a study that was conducted to examine legal practitioners' experiences with the issue of fitness to plead to summary offences in Queensland. This article examines the fitness to plead to summary offences literature, presents and discusses some of the key findings from the study and offers suggestions for law reform. The themes examined in this article are legal practitioners' experiences and opinions on the legislative gap, what participants believe are the effects and consequences of not having legislation in this area and participants' recommendations for law reform. This research has relevance beyond Queensland as it is highly likely that this is an issue in other Australian jurisdictions.
Keyword Fitness to plead
Fit for trial
Intellectual disability
Queensland criminal law
Summary offences
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
TC Beirne School of Law Publications
 
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