Family law ADR qualification course hours
0.00 - Mediation
0.00 - Arbitration
0.00 - Parenting Coordinator
0.00 - Family Violence
Description
In this course, we review “unfit to stand trial”, as defined in Section 2 of the Criminal Code. We begin by defining several key terms, such as ‘ability’ and ‘mental disorder’, before delving into the limited cognitive capacity test.
Throughout the course, we dissect R v Taylor and its influence on the subsequent consideration of fitness to stand trial. One way in which we do this is by examining the importance of rationality in the assessment of fitness. Lastly, we discuss the grey areas in fitness assessments: does the scope of the mental disorder matter? Does the context of the case? And in what circumstances does having counsel fill potential gaps in fitness?