7.0 - Fitness for Trial
The phrase ‘fitness for trial', in its broadest sense, refers to a threshold of mental capacity a defendant must possess before criminal proceedings may continue against them.
From the outset it is important to note that questions in relation to fitness for trial may arise for reasons other than the presence of mental illness or an intellectual disability. In Eastman v R [2000] HCA 29; 203 CLR 1, Gaudron J, at 59, stated that "It may arise, for example, because a person is deaf and dumb or, more generally, because language difficulties make it impossible for him or her to make a defence". Thus, a defendant's fitness for trial may be influenced by either a physical or mental impairment.
Moreover, Gaudron J asserted that although fitness is a concept that derives from common law principles (see Gaudron J at paragraph 85), statutory provisions invariably influence the determination of the issue. Accordingly, Schedule 2 of the Mental Health Act 2000 (Qld), states that ‘fit for trial means fit to plead at the person's trial, and to instruct counsel, and endure the person's trial with serious adverse consequences to the person's mental condition unlikely'.
If the issue of fitness for trial is not raised by the Court or by a party to the proceeding fitness is assumed. Thus, unless there is material to suggest otherwise, a person is presumed fit to plead, and, to be of sound mind according to section 26 of the Criminal Code Act 1899 (Qld).
At trial however, that presumption is displaced if there is material presented which raises a question as to that person's fitness. In these circumstances "the trial must stop unless and until the appropriate body determines that he or she is fit to plead" as per Gaudron J at paragraph 86.
