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If A Man With A Very Low Iq Was Arrested For A Serious Crime And Deemed Not Fit To Stand Trial What Would..

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sandyRoe | 17:24 Thu 05th May 2016 | Law
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What have you done now, Sandy ?
He would be sectioned, I assume.
It sounds like he needs permanent supervision. Surely a hospital or secure house of some kind would be the only reasonable solution.
I'm not sure IQ would have anything to do with it!

He would clearly need to be assessed to check his level of mental capacity.
44 is very low for an IQ. Anything below 70 indicates severe mental abnormality. I can't understand how he managed to survive in the outside world.
He would be detained under the mental health rules, which means he has to be sectioned. Probably spend the rest of his life in a secure mental hospital.
i have done vulnerable defendants

http://www.theadvocatesgateway.org/intermediaries#england-and-wales-intermediaries-for-defendants-in-criminal-cases

and

http://www.mentalhealthlaw.co.uk/R_v_Dixon_(2013)_EWCA_Crim_465,_(2013)_MHLO_42

but I er read the question which is on ' unfit to plead'
and is done here
http://www.cps.gov.uk/legal/l_to_o/mentally_disordered_offenders/index.html#a09

The old law is that if you were unfit to plead you could be detained at her majesty's pleasure ( which was bad news in this category ) and THAT meant that someone who er hadnt done it ( er no no surely not in this paradise of a legal system no no no ) might be detained for life and be innocent and without a trial ....
so as you can imiagine it has been changed but I am not sure what to.....
If found guilty, secure mental hospital
If unfit to plead then he cannot be tried, although there can be a trial of the facts which will not result in any punishment.
This puts me in mind of the recent rape in a town near where I live. A very distressing situation, as the alleged perpetrator has a learning disability. I think it is likely he will merely be sent home and placed "under supervision". The same thing happened recently with a family of brothers who had been abusing children all their lives. Two of them were deemed unfit to plead and went back to live in the same house, in the same village, where the crimes took place.
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^^^ The McDermott brothers.
Yes, that's right, Sandyroe. I couldn't remember their names - one of them commited suicide, one was convicted, and two others were found unfit to plead and they went home to live in the same house, in the same village, where they had abused children for years. Appalling, and so distressing for the victims, who lived in the same small village.

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