### 8 Unfitness to stand trial > > (1) A person is unfit to stand trial for an offence if, because the person's mental processes are disordered or impaired or for any other reason, the person is – > > > > > > (a) unable to understand the nature of the charge; or > > > > > > > (b) unable to plead to the charge or to exercise the right of challenge; or > > > > > > > (c) unable to understand the nature of the proceedings; or > > > > > > > (d) unable to follow the course of the proceedings; or > > > > > > > (e) unable to make a defence or answer the charge. > > > (2) Notwithstanding [subsection (1)(e)](#GS8@Gs1@Hpe@EN) , a person is not unfit to be tried if the only reason that the person is unable to make a defence or answer a charge is that he or she is suffering from memory loss.

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