Russell v HM Advocate 1946 JC 37
Citation: Russell v HM Advocate 1946 JC 37
Rule of thumb:If a person is completely insane, do they have to face a criminal for charges against them? No, if medical experts agree that they are completely insane & have next to no capacity in their brain, then they may not have to face trial, however, if their condition improves, they will have to face them at a later date.
Judgment:
"A plea in bar of trial, as distinguished from a plea or special defence in exculpation, or in mitigation of the gravity of a charge, is a claim that the accused is not a fit object for trial – at least in the meantime’, Lord Justice Clerk Cooper at 46
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.