The law on unfitness to plead is concerned with whether or not an accused is able to stand trial and, if not, the procedure that should be used to deal with that accused. Where the issue of unfitness to plead arises, the court does not consider the accused’s guilt, but rather two distinct issues.
First, there is the question of whether the accused is “under a disability” which renders it inappropriate for him or her to be tried. This can be due to a disability caused by a physical impairment or a mental disorder. An example would be an accused who as a result of very low intellectual ability is unable to follow the process of his or her trial.
Secondly, if the court finds that the accused is under such a disability, the jury must determine whether or not the accused did the act or made the omission charged There is no statutory provision for the legal test of whether or not an accused person is unfit to plead. The test itself, known as the Pritchard test, is covered by the common law.
