| Issue: |
Fitness to Stand Trial. The appeal against conviction, to which reference is made in para 9, was in front of Elias LJ, Jeremy Baker J and the Recorder of Leeds on 15 May 2014, [2014] EWCA Crim 1073. Elias LJ noted that the application for leave to appeal conviction and sentence was “more than 2 years and 7 months out of time” and had been referred to the Full Court by the single judge (para 1). He noted that this was due to his illness and that it was appropriate to extend time and grant leave to appeal (para 2). Grounds of appeal related to several matters as to the conduct of the trial; the Court found that the judge had fallen into error in directing the jury that they could draw an adverse inference from J’s silence in interview, but that did not impinge on the safety of the conviction, particularly as the jury were told they could draw an adverse inference from his silence at the trial and the fact that the case turned on identification evidence (para 14). He then added, dismissing a ground of appeal based on unfitness to stand trial: |