Tories Demand Investigation into Rising Number of Defendants Declared Unfit for Trial

The Conservative Party has called for an urgent investigation into a significant increase in the number of criminal defendants being ruled "unfit to plead" on mental health grounds, a trend that has nearly doubled over the past six years.

Shadow Justice Secretary Nick Timothy stated that the rising figures raise "serious questions of public safety" and called into question whether victims are receiving adequate justice. He urged for an investigation to determine if defendants are genuinely unfit to stand trial or if they are exploiting the legal system.

According to an analysis of figures from HM Prisons and Probation Service, 37 criminal defendants were ordered to be detained in hospital under the Mental Health Act in 2019. By 2026, this number had risen to 72. In 2023, the last full calendar year before the current administration, the figure stood at 58.

"Wherever possible criminals must stand trial and, if found guilty, be given a full criminal sentence," Timothy said. "It is not clear why so many offenders are being given hospital orders on mental health grounds instead."

One recent case highlighted by the issue involved Ayodele Jamgbadi, 30, who was charged with murder. Jamgbadi was deemed unfit to stand trial due to significant mental health issues after killing 61-year-old grandfather Jorge Ortega with a single punch in December 2024. Ortega, an employee of London's Elizabeth Line, suffered a fatal brain injury after falling and hitting his head in the unprovoked assault. A jury later unanimously agreed Jamgbadi had punched Ortega during a trial of facts at Inner London Crown Court.