Fitness to Stand Trial under Australian Law

This chapter reviews the statutory and case law in relation to fitness to stand trial in the Australian jurisdictions. There is significant disuniformity amongst Australian jurisdictions in relation to the statutory provisions relating to fitness to stand trial. Most importantly, there is a deficit in terms of the facility for a special trial for persons found unfit to stand trial in Western Australia and in Queensland. There is also variation in the provisions for care of persons found unfit to stand trial and for review of their suitability for release. This impacts upon the uptake of the option for use of the plea of unfitness to stand trial and has been the subject of criticism on human rights grounds.