Bevan, Miranda; Ormerod, David and Magor, Samantha. 2020. Time to dispense with the mute of malice procedure. Criminal Law Review, 2020(10), pp. 912-930. ISSN 0111-135X [Article]

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Abstract or Description

Assesses whether measures for establishing whether a defendant is "mute of malice" are anachronistic and obsolete, and should be repealed. Reviews the historical role of the mute of malice procedure, its significance, how it differs from unfitness to plead and how developments such as practice directions and procedural rule changes have rendered it unnecessary. Suggests how reforms involving repeal might be implemented.

Item Type:	Article
Keywords:	Criminal procedure; Fitness to plead; Legal history; Practice Directions; Silence
Departments, Centres and Research Units:	Law
Dates:	Date Event 2020 Published
Item ID:	31310
Date Deposited:	02 Feb 2022 12:50
Last Modified:	03 Feb 2022 18:45
Peer Reviewed:	Yes, this version has been peer-reviewed.
URI:	https://research.gold.ac.uk/id/eprint/31310

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