Clause 27

replace subsections (1) and (2) with —“(1) If the designated medical practitioner certifies that the accused is capable of making his or her defence, the court must, unless satisfied to the contrary, find accordingly.(2) If the designated medical practitioner certifies that the accused is, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence, the court must, unless satisfied to the contrary, find accordingly.(2A) Where the court —

is satisfied under subsection (1); or

finds under subsection (2),that the accused is incapable of making his or her defence, the inquiry or trial or other proceeding must be stayed after the court makes an order under section 249(2) or reports the case to the Minister under section 249(8), as the case may be.(2B) Where the court —

finds under subsection (1); or

is satisfied under subsection (2),that the accused is capable of making his or her defence, the court must proceed with the inquiry or trial or other proceeding.”; and

replace subsection (5) with —“(5) If the court is satisfied under subsection (1), or finds under subsection (2), that the accused is incapable of making his or her defence —

the court may decide that it is not necessary for the accused to be present in court during proceedings under this section; and

the court may order —

that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody; or

that the accused be released subject to any conditions that the court sees fit,pending an order under section 249(2) or a report under section 249(8), as the case may be.(6) To avoid doubt, where a case is transmitted to the General Division of the High Court under section 249(9A), only the General Division of the High Court may exercise the discretion under subsection (5)(a) or make any order under subsection (5)(b).”.