36Fitness test

#### 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.