Assessing fitness for trial in a Children’s Court

Abstract

In 2016, Queensland introduced changes to mental health legislation, providing additional powers to Magistrates in relation to soundness of mind and fitness for trial. This article explores the application of fitness for trial to young people in the Magistrate’s Court. It begins with a discussion of fitness for trial broadly, exploring issues with the current legal test, and discusses the unique application of the test in Queensland. By highlighting the inherent vulnerabilities of young people involved in the legal system, we identify the gaps and challenges of assessing fitness for trial with this population. In conclusion we recommend further exploration of alternative models for resolving questions of fitness for trial for young people involved in the criminal justice system.

Key words:

• competence to stand trial
• decision-making
• forensic psychology
• health assessors
• mental health
• Presser criteria
• Pritchard criteria
• Queensland legislation

Notes

1 Including offences in the Summary Offences Act 2005 (Qld) and indictable offences that can be tried summarily according to the Criminal Code Act 1899 (Qld).