Effective Participation
Date
Authors
Brookbanks, Warren
Supervisor
Item type
Journal Article
Degree name
Journal Title
Journal ISSN
Volume Title
Publisher
LexisNexis New Zealand
Abstract
The notion of "effective participation" is now firmly embedded in the discourse around unfitness to stand trial. It signifies what is essential in determining whether a person has the capacity to be an engaged participant in criminal proceedings. Although it is a concept which has assumed a high profile in the jurisprudence of unfitness to stand trial, both in New Zealand and other English common law jurisdictions, it is still poorly understood. In particular, it is still unclear how "effective participation" engages with statutory and other non-statutory criteria for determining unfitness to stand trial. Does effective participation, in some sense, represent a "flowering" of what is implied in fitness to plead, or does it stand as an independent construct superimposed on statutory.Description
Keywords
1801 Law, 48 Law and legal studies
Source
New Zealand Law Journal, June 2024. ISSN: 0028-8373 (Print), 163-165.
Publisher's version
Rights statement
NOTICE: this is the author’s version of a work that was accepted for publication. Changes resulting from the publishing process, such as peer review, editing, corrections, structural formatting, and other quality control mechanisms may not be reflected in this document. Changes may have been made to this work since it was submitted for publication. A definitive version was subsequently published in (see Citation). The original publication is available at (see Publisher's Version)