Fitness to stand trial — Criminal Procedure (Mentally Impaired Persons) Act, ss 9 and 14. A 16 year old young person was found fit to stand trial and thus proceedings in the Youth Court would continue. The young person faced 20 charges for offences including burglaries, unlawful interference with motor vehicles, arson, wilful damage, unlawfully being in an enclosed yard, graffiti and escaping custody. Provisions of the CP(MIP) Act were triggered in respect of the charges. Section 14 of the Act provides that if the Court records a finding of the kind in s 13(4) then they must receive evidence of two health assessors as to whether the young person is mentally impaired. If, after hearing all evidence, the Court is satisfied the young person is mentally impaired then they must determine whether or not the young person is unfit to stand trial on the balance of probabilities. If the young person is fit to stand then the Court must continue with proceedings. Given the young person’s cognitive impairment, poor communication, impulsivity and difficulty processing information, health assessors agreed it was ‘likely [he had] a mental impairment’, although diagnosis was ‘uncertain’. On hearing the evidence the Judge did not consider the young person’s impairment was such that he would be unable to conduct a defence or instruct his Youth Advocate to do so. On the balance of probabilities the young person was fit to stand trial. Judgment Date: 1 April 2016. * * * Note: names have been changed to comply with legal requirements. * * *