Fitness to Stand Trial in New Zealand: Different Factors Associated with Fitness to Stand Trial Between Mentally Disordered and Intellectually Disabled Defendants in the New Zealand Criminal Justice System

Abstract

Individuals on trial for an offence are expected to contribute to their own defence via liaison with their defence team and be able to participate meaningfully in the court process. Defendants who are unable to do so are deemed unfit to stand trial. The factors associated with fitness to stand trial within the New Zealand criminal justice system have not been closely examined. This study compared sociodemographic, offence-related, clinical and court-related factors associated with fitness to stand trial for 200 mentally disordered and intellectually disabled (ID) defendants assessed for the New Zealand Courts. The study found generic sociodemographic, offence-related and clinical factors were not significantly associated with fitness to stand trial. By contrast, court-related factors such as previous assessment of fitness to stand trial and previous finding of unfitness, and clinical factors such as previous diagnosis of ID and low cognitive functioning were significantly associated with unfitness to stand trial. Court liaison nurses' concerns about the defendant's ability to communicate and comprehend appeared to be reliable indicators of unfitness, suggesting that this may be a useful initial screen of eligibility before more formal assessment of competency and intelligence.