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In the law of England and Wales, fitness to plead is the capacity of a defendant in criminal proceedings to comprehend the course of those proceedings. The concept of fitness to plead also applies in Scots law. Its United States equivalent is competence to stand. ==Test== If the issue of fitness to plead is raised, a judge is able to find a person unfit to plead. This is usually done based on information following a psychiatric evaluation. In England and Wales the legal test of fitness to plead is based on the ruling of Alderson B. in R v Pritchard. The accused will be unfit to plead if he is unable either: * to comprehend the course of proceedings on the trial, so as to make a proper defence; * to know that he might challenge any jurors to whom he may object; * to comprehend the evidence; or * to give proper instructions to his legal representatives.〔''Prichard'' (1836) 7 C & P 303.〕 If the issue is raised by the prosecution, the prosecution must prove beyond reasonable doubt that the defendant is unfit to plead.〔''Robertson'' () 1 WLR 1767.〕 If the issue is raised by the defence, it need only be proved on the balance of probabilities.〔''Podola'' () 1 QB 325.〕 In Scotland the test is based on HMA v Wilson, and has two elements: * to be able to instruct counsel and * to understand and follow proceedings.〔HM Advocate V Wilson () J. C. 75〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Fitness to plead」の詳細全文を読む スポンサード リンク
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