Understanding Fitness to Stand Trial
Under Victorian law, every person charged with a criminal offence has the right to a fair trial. This includes the requirement that they are fit to stand trial. The Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) sets out the criteria that must be met for a person to be considered fit to stand trial.
The Legal Framework
The question of fitness to stand trial may be raised by the prosecution, defence, or the court itself at any time during proceedings. The court applies established legal criteria, known as the Presser criteria, to determine fitness. The law recognises that a person’s fitness may fluctuate, and that some people may become fit after a period of treatment.
Our Assessment Process
Our fitness to stand trial assessments are conducted in accordance with Victorian legal requirements. We provide comprehensive evaluations that address the established criteria for fitness. These independent assessments help inform the court’s determination.
The assessment process typically involves clinical interviews and review of relevant documentation. Where appropriate, and with proper consent, we may gather additional information from treating practitioners and other relevant sources to inform our opinions.
Purpose of the Assessment
These assessments assist the court in determining whether proceedings should continue or whether alternative arrangements need to be considered. If questions of fitness arise, the court requires expert evidence to help make this determination.
Our Approach
We conduct thorough, objective assessments that specifically address the legal criteria for fitness. Our reports provide clear information to assist the court in its decision-making process, including:
- Assessment outcomes relevant to the legal criteria
- Information about any impairments that might affect fitness
- Whether treatment might improve fitness
- Recommendations where appropriate
Timeframes and Process
We understand the time-sensitive nature of these assessments within the court process. Our service aims to be responsive to court requirements while ensuring thorough evaluations that meet legal standards.
Arranging an Assessment
For enquiries about fitness to stand trial assessments, please contact our office. We can discuss timeframes and specific requirements for your matter.
Please note: We can only offer assessments to clients who have legal representation by a solicitor.
