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Crimes Act 1900
311When a person is unfit to plead
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311 When a person is unfit to plead
(1) A person is unfit to plead to a charge if the person’s mental processes
are disordered or impaired to the extent that the person cannot—
(a) understand the nature of the charge; or
(b) enter a plea to the charge and exercise the right to challenge
jurors or the jury; or
(c) understand that the proceeding is an inquiry about whether the
person committed the offence; or
(d) follow the course of the proceeding; or
(e) understand the substantial effect of any evidence that may be
given in support of the prosecution; or
(f) give instructions to the person’s lawyer.
(2) A person is not unfit to plead only because the person is suffering
from memory loss.