The Supreme Court has dismissed an appeal by FX against a decision that a charge of causing serious harm could remain before the Central Criminal Court while he is unfit to be tried.
The appeal concerned the meaning of “the act alleged” under section 4(8) of the Criminal Law (Insanity) Act 2006. That provision allows a judge, after finding an accused unfit to be tried, to hear evidence about whether the accused did the act alleged. If the court has a reasonable doubt that the accused did it, the accused must be discharged.
FX was in a mental treatment centre when he stabbed a fellow patient in 2010, according to the judgment. The victim was left paralysed and died several months later. A charge of causing serious harm was initially brought. After the victim died, that charge was discontinued and a murder charge was filed.
FX was sent to the Central Criminal Court for a hearing on fitness to plead and was found unfit to be tried. In connection with an application for his discharge, the prosecution served a book of evidence and a statement in the form of an indictment setting out murder and causing serious harm. There had been no return for trial on the serious-harm charge. The murder charge later ended after causation was not established at the trial of the issue, leaving the serious-harm charge.
FX’s later habeas corpus proceedings and appeals argued that the serious-harm charge was not properly before the Central Criminal Court because he had not been sent forward for trial on it. The Supreme Court appeal addressed whether the charge could remain in the criminal process.
In a separate judgment, Mr Justice Peter Charleton agreed with the proposed dismissal but gave his own reasoning. He said the relevant act alleged was picking up a knife and stabbing the victim in the spine. The statutory question, he reasoned, concerned whether FX committed that physical act, rather than whether the prosecution had established every element of the offence.
The court’s principal judgment was delivered by Ms Justice O’Malley. Mr Justice Charleton said the charge should remain, and that the criminal process could resume if FX becomes fit to be tried. The ruling did not determine guilt on the serious-harm charge.