Australian Capital Territory Numbered Acts

MENTAL HEALTH (TREATMENT AND CARE) (NO. 31 OF 1999) - SECT 32

    Section 68 of the Principal Act is amended—

        (a)     by inserting in the definition of “order to determine fitness” in subsection (1) “or the Magistrates Court” after “Supreme Court”; and

        (b)     by omitting subsection (3) and substituting the following subsections:

“(3)     The Tribunal shall make a determination that a person is unfit to plead to a charge if satisfied that the person's mental processes are disordered or impaired to the extent that the person is unable—

        (a)     to understand the nature of the charge;

        (b)     to enter a plea to the charge and to exercise the right to challenge jurors or the jury;

        (c)     to understand that the proceedings are an inquiry as to whether the person committed the offence;

        (d)     to follow the course of the proceedings;

        (e)     to understand the substantial effect of any evidence that may be given in support of the prosecution; or

        (f)     to give instructions to his or her legal representative.

“(3A)     A person is not unfit to plead only because he or she is suffering from memory loss.”.