Tasmanian Consolidated Acts

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CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999 - SECT 8

Unfitness to stand trial
(1)  A person is unfit to stand trial for an offence if, because the person's mental processes are disordered or impaired or for any other reason, the person is –
(a) unable to understand the nature of the charge; or
(b) unable to plead to the charge or to exercise the right of challenge; or
(c) unable to understand the nature of the proceedings; or
(d) unable to follow the course of the proceedings; or
(e) unable to make a defence or answer the charge.
(2)  Notwithstanding subsection (1)(e) , a person is not unfit to be tried if the only reason that the person is unable to make a defence or answer a charge is that he or she is suffering from memory loss.



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