Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 311

When a person is unfit to plead

    (1)     A person is unfit to plead to a charge if the person's mental processes are disordered or impaired to the extent that the person cannot—

        (a)     understand the nature of the charge; or

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

        (c)     understand that the proceeding is an inquiry about whether the person committed the offence; or

        (d)     follow the course of the proceeding; or

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

        (f)     give instructions to the person's lawyer.

    (2)     A person is not unfit to plead only because the person is suffering from memory loss.

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