I read this passage:
The law on unfitness to plead addresses what should happen when a defendant facing criminal prosecution is unable to engage with the process because of his or her mental or physical condition. If such a defendant is found “unfit to plead”, there is not a trial in the usual way but the court adopts a different process to decide whether the defendant carried out the act in question. If it is found that they did, the court may order detention in a hospital or supervision in the community.
The legal test used to decide whether a defendant is “unfit to plead” dates from 1836 when the science of psychiatry was in its infancy. Clearly, it does not adequately reflect advances in modern psychiatric and psychological thinking.
Why the writer says The legal test .. although he just mentions "the legal test" for the first time in his passage ?
I mean he had to say a legal test used .... then after that he would say the legal test.
Or does that mean he mentioned the legal test before ??