The remaining substantial area in the Bill is section 3 regarding fitness to plead, which will now become known as fitness to be tried. It both restates the existing law on the subject and provides for the disposal of people found to be unfit. As previously, either the prosecution or the defence can raise the issue. The person must show the appropriate level of disorder as defined in section 1. They must essentially be unable to participate in any meaningful way in the case against them by reason of their disorder. The determination in this case is made by the judge, which I agree is appropriate. In the event of someone being unfit, the power to commit arises but is optional.