FITNESS TO PLEA
FITNESS TO PLEA. MELBOURNE, VICTORIA
There are many factors that can influence a persons capacity to plea. Neurodynamics is uniquely placed to provide neuropsychological assessments to examine this question arcoss Melbourne, Victoria.
Firstly, neuropsychological assessment specifically address the underlying neurobiological function that can impact a person's capacity to plea. It is, without a doubt, the most comprehensive and meaningful manner by which to provide gain accurate and use infomration. This infomration can then be communicated to the court and the jury in such a manner so as to make it plan and clear if a person is fit to plea.
FITNESS TO PLEA
There are many factors that need to be considered when determining if a person is fit to plea. In Melbourne and Victoria, the court and jury is assisted by information detailed in the CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997. This includes the details of the criteria that a jury is required to considered prior to making a determination as to whether a person is fit to plea. This ACT refers to fitness to plea and by considering if their mental capacity is such that during the trial that they are unable to:
- understand the nature of the charge;
- enter a plea to the charge and exercise the right to challenge juror or the jury;
- understand the nature of the trial;
- follow the course of the trial;
- understand the substantial effect of any evidence that may be given in support of the prosecution; or
- give instructions to their legal practitioner
WHY IS A NEUROPSYCHOLOGICAL ASSESSMENT SO USEFUL?
Neuropsychological assessment involves assessing areas of function that directly impact upon a the criteria as detailed about. For instances, a person can be assessed as having a significant receptive lanauge disorder such that their cpacity to follow the course of a trial is so impaired that it is effecituvelly impossible for that person. Signficant disturbances in reasoning can be assessed and it can be objectively determined if a person is truely able to understand the nature of the trial or to be able to enter a plea. Marked behavioural and emotional distrubances many also prevent a person from giving instruction to their legal representation. Assessment of memory function may result in a person being evaluated as having such a signifiant memory disorder that this limits their capacity to meet a number of the criteria.
This Forensic Neuropsychological Assessment and neuropsychological assessment report is comprehensive in nature. Expert evidence is provide in court to address the criteria from a clear, logical and scientific manner.
Futher infomration about Fitness to stand trial and other forensic neuropsychological assessments services are avaliable.
Dr Nathaniel Popp is a Forensic Neuropsychologist Expert who maintins a strong interest in this area. He has extensive history of working with legal counsel and providing evidence in court (Melbourne, Victoria).
Neurodynamics provides tailored a neuropsychological assessment service tailored for forensic matters across Melbourne, Victoria. Please contact us if you require assistance in this area.
End
