unfit to plead

Describing an accused person who is under a disability (e.g. mental incapacity) that would constitute a bar to his being tried. When the question of fitness to plead arises (e.g. when the defendant *stands mute by visitation of God), a jury is empanelled to determine the question of the accused’s fitness; if they find him under disability the court must order that the accused be admitted to a hospital specified by the Secretary of State. The court may postpone consideration of the question of the accused’s fitness to plead until the defence case is opened so that (for example) the strength of the prosecution case may be tested. The procedure is governed by the Criminal Procedure (Insanity) Act 1964.