Section 269H(c) of the Criminal Law Consolidation Act 1935 (SA) does not require an accused to have the capacity to store evidence in memory and retrieve it for consultation with legal advisors. It is sufficient that the accused can understand the evidence in a general sense as it is given. The word 'follow' in s 269H(c) means to maintain awareness of the current state or progress of events and does not include a requirement of retention. The test for fitness does not require an accused to participate in forensic or tactical decision making, which is the province of counsel. Double jeopardy principles have no relevance to Crown applications for permission to appeal findings of mental unfitness to stand trial.
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