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Time to Dispense with the Mute of Malice Procedure

Ormerod, D; Bevan, M; Magor, S; (2020) Time to Dispense with the Mute of Malice Procedure. Criminal Law Review , 10 pp. 912-930. Green open access

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Abstract

Assesses whether measures for establishing whether a defendant is "mute of malice" are anachronistic and obsolete, and should be repealed. Reviews the historical role of the mute of malice procedure, its significance, how it differs from unfitness to plead and how developments such as practice directions and procedural rule changes have rendered it unnecessary. Suggests how reforms involving repeal might be implemented.

Type: Article
Title: Time to Dispense with the Mute of Malice Procedure
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.sweetandmaxwell.co.uk/Catalogue/Produc...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Criminal procedure; Fitness to plead; Legal history; Practice Directions; Silence
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10108516
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