43JWhen 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: (a) 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); (d) 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 (f) 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.