Dementia / Permanent brain damange and criminal trials

Carawaystick

There is a case in England where the dpp didn't press charges as the person who would have been charged has been determined to be incabable of instructing lawyers due to dementia

I presume some similar process would apply here. However, I wonder how the dpp would determining the fitness mentally of a suspect? especially before charging them?

Also in general it seems unfair to victims that crimes against them would go unprosecuted while petty victimless crimes are tried with the defendent in abstensia.
There must be some better medium to resolve serious cases

johnnyskeleton

Its fitness to be tried and have a look at the cl insanity act 2006.

Trial in absentia usually requires a level of knolwedge of the proceedigs and a conscious decision not to attend or otherwise to be excluded.

Carawaystick

cia 2006 S4.(4) (a) states
any question as to whether that person is fit to be tried shall be determined by the court of trial

not the dpp to charge them