Section 3 deals with the issue of fitness to be tried. This term is being adopted instead of the term fitness to plead which is used in the relevant provisions of the Lunacy (Ireland) Act 1821. The latter are being repealed. The section contains a new statutory definition of fitness to be tried based on the existing common law, upon which I have already commented. It is also provided that the question of fitness to be tried will in future be determined by a court, including the District Court, without a jury. That is a change from the current situation. I have had experience of conducting cases in which a jury was empanelled to determine the fitness of the accused to stand trial, even though – in the case in which I was involved, at any rate – a subsequent jury was empanelled to try the question of guilty or innocence once the first jury found the accused was fit to be tried.