By DAVID BARRETT, HOME AFFAIRS EDITOR
Published: | Updated:
The Conservatives have called for an urgent investigation into the rising number of defendants ruled 'unfit to plead' on mental health grounds.
Shadow Justice Secretary Nick Timothy said the number of accused diverted into psychiatric care rather than face a trial has almost doubled over six years.
He warned that it raised 'serious questions of public safety' and questioned whether victims were receiving justice.
A Conservative analysis of figures from HM Prisons and Probation Service showed 37 criminal defendants were ordered to be detained in hospital under the Mental Health Act in 2019, but last year the figure climbed to 72.
In 2023, the last full calendar year before Labour came to power, the figure was 58.
Mr Timothy MP said: 'The significant increase in the number of serious criminals being judged unfit to plead raises serious questions of both public safety and justice for victims.
'Wherever possible criminals must stand trial and, if found guilty, be given a full criminal sentence.
'It is not clear why so many offenders are being given hospital orders on mental health grounds instead.
Shadow Justice Secretary Nick Timothy, pictured, called for an urgent review of the number of defendants who are diverted to psychiatric care rather than face trial
'There must be an urgent investigation to establish whether those responsible for serious, violent crimes against the public are genuinely unfit to plead, or whether they are taking advantage of the system.'
A recent case of a defendant being diverted to indefinite hospital care was Ayodele Jamgbadi, 30, of Ilford, east London, who was charged with murder after killing a railway worker with a single punch to the face.
His victim, Jorge Ortega, a 61-year-old grandfather of five who worked for London's Elizabeth Line, fell and hit his head in the unprovoked attack in December 2024.
Mr Ortega suffered a catastrophic brain injury and died two days later.
Jamgbadi was deemed unfit to stand trial due to significant mental health issues.
In a 'trial of facts' at Inner London Crown Court last month a jury unanimously agreed Jamgbadi had punched Mr Ortega.