michelle wrote:
I don't know much about the law system, I would be grateful if someone could answer my question, if he is sectioned for being mentally instable and is not put on trial, if in a few a years down the road it has been determined that he is sane after being in secure mental hospital for a number of years would he then be allowed to leave return to a normal life and not face any trial or punishment?
We studied this when I did Law at A Level. I've just had a look at my old notes and...
Basically, if Huntley is considered to be insane by two doctor's, then it will be considered unwise to bring him to trial, because of the effect on his mental state and because the public needs to be protected. If this happens to Huntley, then he will be immediately detained in a mental hospital. This happens before the trial. There is another thing to be considered and that is the unfitness to plead at the time of the trial. If, because of his mental or physical state, he is unable to appreciate the significance of the criminal trial, he may be found unfit to plead. This will be decided by a jury. If they decide that he is unfit, he will go to a mental hospital and the case will be thrown out. If he gets better, it is unlikely that he will have to stand trial at all. However, he will have to go through loads of test's to determine whether he is well enough to not be a danger to the public anymore.