Time to dispense with the mute of malice procedure

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whether measures for establishing whether a defendant is "mute of malice" are anachronistic and obsolete, and should be repealed.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.