When determining the threshold question under s 645 of the Criminal Code (Qld), a trial judge must not engage with the merits of whether the accused is fit to be tried; the judge's role is limited to determining whether a real issue is raised. Where conflicting expert opinions exist about an accused's cognitive capacity to participate in a trial, particularly where the accused is self-represented, the threshold is met and the question must go to the jury. The effectiveness of trial accommodations in addressing cognitive deficits is a matter for the jury, not the trial judge, to assess.
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