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MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 36
Fitness test
36 Fitness test
(1) For the purposes of proceedings to which this Part applies, a person is
taken to be unfit to be tried for an offence if the person, because the
person has a mental health impairment or cognitive impairment, or both, or for
another reason, cannot do one or more of the following-- (a) understand the
offence the subject of the proceedings,
(b) plead to the charge,
(c)
exercise the right to challenge jurors,
(d) understand generally the nature
of the proceedings as an inquiry into whether the person committed the offence
with which the person is charged,
(e) follow the course of the proceedings so
as to understand what is going on in a general sense,
(f) understand the
substantial effect of any evidence given against the person,
(g) make a
defence or answer to the charge,
(h) instruct the person's legal
representative so as to mount a defence and provide the person's version of
the facts to that legal representative and to the court if necessary,
(i)
decide what defence the person will rely on and make that decision known to
the person's legal representative and the court.
(2) This section does not
limit the grounds on which a court may consider a person to be unfit to be
tried for an offence.
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