Competent To Stand Trial
Mental Health Procedures Act 402 — substantially unable to understand the proceedings or assist in the defense
The standard. A person charged with a crime who is substantially unable to understand the nature or object of the proceedings, or to participate and assist in the defense, is incompetent to be tried, convicted or sentenced so long as the incapacity continues.
The examination. The prosecutor, the defendant, defense counsel, or the official in charge of the place of detention may apply for an incompetency examination. It is conducted by at least one psychiatrist or licensed psychologist, as an outpatient examination unless inpatient is otherwise authorized, and the person may have counsel present.
The burden. The person applying for the examination must establish incompetency by a preponderance of the evidence, and the court decides. A finding of incompetency stays the prosecution while it lasts.
Every 90 days, and release. The person keeps a right to counsel and is reexamined not less than every 90 days. Incompetency alone is not a reason to deny pretrial release, and detention may last only while there is a substantial probability of regaining capacity.
Dismissal. When competence returns, proceedings resume, but if the passage of time would make resuming unjust, the court may dismiss the charge.
Other sections of the same law, and the court's own rules, are not on this page. How it applies to a particular case is a question for a licensed Pennsylvania attorney.
Sources for this section (2)
- Mental Health Procedures Act 402 — Incompetence to proceed on criminal charges
- Mental Health Procedures Act 403 — Hearing and determination of incompetency, stay, and dismissal
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.