Fitness to stand trial - a New Zealand perspective:

Section 4 of the New Zealand Criminal Procedure (Mentally Impaired Persons) Act 2003 states that:

Unfit to stand trial in relation to a defendant: -

(a)  means a defendant who is unable, due to mental impairment, to conduct a defence or to instruct counsel to do so; and

(b)  includes a defendant who, due to mental impairment, is unable –

(i)   to plead;

(ii)  to adequately understand the nature or purpose or possible consequences of the proceedings;

(iii) to communicate adequately with counsel for the purposes of conducting a defence.

In addition to the statutory test identified above, additional matters relevant to the capacity for fitness to stand trial were identified in P v Police [2007] 2 NZLR 528.   Justice Baragwanath gave an insightful and instructive overview into the issue of fitness to stand trial and identified the following relevant criteria:

• Understand the charge.
• Plead to the charge and exercise the right of challenge.
• Understand the proceedings.
• Follow the course of proceedings.
• Understand the substantial effect of the prosecution evidence.
• Make a defence or answer to the charge.
• Decide what defence to rely on.
• Give instructions to counsel.
• Make his version of the facts known to the Court and counsel.