The recent case involving Lord Janner brought into sharp focus how the law deals with those who lack capacity.
Dealing everyday with people who lack capacity I do not believe that somebody in the advanced stages of dementia could be given a fair trial and in these circumstances I cannot help but think that putting dementia patients on trial will have an unsatisfactory outcome for all.
People with dementia cannot give any instructions to their court-appointed lawyers. Those lawyers will not be able to put forward fact-specific defences – such as an alibi – without information from the defendant. And defendants might be subjected to what the commission wants to call an alternative finding without anyone knowing what arguments the accused would have put forward at a trial. That would not be fair.