The Role of Psychologists in the South Australian Fitness to Stand Trial Process

Abstract

In South Australia, fitness to stand trial requirements are embodied in the Criminal Law Consolidation Act 1935, Part 8A, Division 3, which follows the R v. Presser findings. Specialist reports and opinion are an integral part of determination of a defendant's fitness for trial. In undertaking this review, publically available case law was scrutinized to provide insight into the practices of South Australian psychologists involved in the determination of mental fitness for trial processes. The AustLII database was used to identify relevant cases. Thirty-three cases were identified for inclusion. Cases were analysed for themes relevant to forensic psychology, including the methods and processes used to make recommendations to the court. Findings suggested that often the judges accepted the professional fitness opinions provided to them without question; however, judges occasionally provided important and pointed guidance to the professionals when the information provided did not meet the court's needs.