Raising the question of fitness

Information Note

This Information Note clarifies the role of the Court in relation to the practice of raising the question of an accused’s fitness to stand trial.

This Information Note should be read together with the Information Note dated 20 August 2024 titled 'Establishment of Dedicated CLMI Court and New Court Practices and Procedures under the Criminal Law (Mental Impairment) Act 2023' (the CLMI Information Note).

Under the Criminal Law (Mental Impairment) Act 2023, the question of fitness may be raised by the defence, the prosecution, or by the Court on its own initiative. Accordingly:

1. Where the Court raises the question of fitness on its own initiative, the matter will be listed before the CLMI Court in accordance with paragraph 4 of the CLMI Information Note.
2. In determining whether to raise the question of fitness, the Court will have regard to:
   1. submissions made by counsel;
   2. information heard from a Youth Justice officer present at a hearing; and
   3. any other information the Court considers relevant to the issue of fitness.

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Judge Hylton Quail

President
Children's Court of Western Australia
13 April 2026

Last updated: 13 April 2026

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