When is a person unfit to stand trial?
43J When is a person unfit to stand trial?
(1) A person charged with an offence is unfit to stand trial if the person is:
unable to understand the nature of the charge against him or her;
(b) unable to plead to the charge and to exercise the right of challenge;
(c) unable to understand the nature of the trial (that is that a trial is an inquiry as to whether the person committed the offence);
unable to follow the course of the proceedings;
(e) unable to understand the substantial effect of any evidence that may be given in support of the prosecution; or
unable to give instructions to his or her legal counsel.
(2) A person is not unfit to stand trial only because he or she suffers from memory loss.
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