Definition
A competency evaluation (in England, 'fitness to plead'; in the US, 'competency to stand trial') is a forensic-psychological assessment of whether a defendant has, at the time of trial, the mental capacity to understand the proceedings against them, communicate rationally with their lawyer, and make decisions about their defence. The legal test in the US, set in Dusky v. United States (1960), requires a rational and factual understanding of the proceedings and the present ability to consult with counsel with a reasonable degree of rational understanding.
Competency is about the present mental state, not the state at the time of the offence — that is a separate question handled by a mental-state-at-time-of-offence (insanity) evaluation. A defendant can be competent to stand trial yet have had a severe mental illness when they offended, or vice versa.
Why it matters
How it works
The evaluator reviews charges and case materials, interviews the defendant, administers a structured tool, and writes a report addressing the legal criteria. The court — not the evaluator — makes the legal finding; the evaluator supplies the clinical picture that supports it.