Examination

Examination may refer to:

See also

Fitness to plead

In the law of England and Wales, fitness to plead is the capacity of a defendant in criminal proceedings to comprehend the course of those proceedings. The concept of fitness to plead also applies in Scots and Irish law. Its United States equivalent is competence to stand.

Test

If the issue of fitness to plead is raised, a judge is able to find a person unfit to plead. This is usually done based on information following a psychiatric evaluation.

In England and Wales the legal test of fitness to plead is based on the ruling of Alderson B. in R v Pritchard. The accused will be unfit to plead if he is unable either:

If the issue is raised by the prosecution, the prosecution must prove beyond reasonable doubt that the defendant is unfit to plead. If the issue is raised by the defence, it need only be proved on the balance of probabilities.