A fitness to plead assessment requires a thorough evaluation of the defendant’s mental health. An expert witness psychiatrist examines cognitive functions, such as memory, attention, and understanding, to determine whether the defendant can comprehend the charges, the court proceedings, and the potential consequences. They also assess mental health conditions, such as psychosis, depression, or intellectual disabilities, which may impair the defendant’s ability to communicate with their lawyer or make rational decisions. This comprehensive evaluation helps ensure that a fair trial can proceed without the mental health condition undermining the process.

It is worth noting that if a full Cognitive assessment is deemed necessary, then this is often completed by an Expert Witness Psychologist prior to the Psychiatric assessment.