Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department has considered introducing additional forms of judicial recognition, formal findings, or symbolic accountability measures in cases where a court has determined that a defendant committed the acts alleged, but a conventional criminal sentence cannot lawfully be imposed.

The Government agrees that this area of law needs to be updated. The Law Commission reviewed the law on unfitness to plead and the Government has accepted the majority of its recommendations including a modernised legal test, changes to the fact-finding process and wider disposals.

The Government is actively considering how best to take these forward, alongside the defence of insanity, which is also being considered by the Law Commission. This is a complex area of law and it is important that any future reforms are considered carefully to ensure that the legislation is coherent, workable and provides protections for defendants, victims and the public.