Competent To Stand Trial
Penal Code 1367 — not tried while mentally incompetent, and what happens when a judge has a doubt
Competency is a question about the present: whether the person can understand the proceedings and help with the defense now. The defendant's mental state at the time of the offense is a different question, which this page does not cover.
The rule. A person is not tried, adjudged to punishment, or has probation, supervision or parole revoked while mentally incompetent. A defendant is mentally incompetent if, as a result of a mental health disorder or developmental disability, the defendant cannot understand the nature of the proceedings or assist counsel in the defense in a rational manner.
- If a doubt arises in the judge's mind, the judge states it on the record and asks defense counsel's opinion, appointing counsel if there is none.
- The court may recess so counsel can confer with the defendant and form an opinion.
- If counsel believes the defendant is or may be incompetent, the court orders the question determined; if counsel believes otherwise, the court may still order a determination.
- Once the inquiry begins, all proceedings in the prosecution are suspended until the question is decided, except as the code provides.
Restoration treatment, commitment after a finding of incompetence, how long a case can stay suspended, and the insanity defense are set out in other sections and are not on this page. Whether a particular person is competent is decided by a court on evidence, and is a question for a licensed California attorney.
Sources for this section (2)
- Penal Code 1367 — Mental incompetence; trial or punishment barred
- Penal Code 1368 — Doubt as to mental competence; procedure
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.