Clause 28

in subsection (1), replace “finds, under section 248” with “is satisfied under section 248(1), or finds under section 248(2)”;

in subsection (9)(a), before “the court must specify”, insert “except where paragraph (b) applies,”;

after subsection (9), insert —“(9A) Where in relation to any offence that an accused is charged with, a District Court or Magistrate’s Court is satisfied under section 248(1), or finds under section 248(2), that the accused is incapable of making his or her defence, and the Public Prosecutor is of the opinion that the notional imprisonment period must or ought to be determined by the General Division of the High Court —

the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try every offence the accused is charged with; (b)upon receipt of the fiat mentioned in paragraph (a) together with the charge, the District Court or Magistrate’s Court (as the case may be) must cause the charge to be read and explained to the accused and thereafter transmit the case to the General Division of the High Court; and

the General Division of the High Court may deal with the case so transmitted in accordance with the procedures set out in this Division.(9B) Where a case is transmitted to the General Division of the High Court under subsection (9A) —

the General Division of the High Court —

is not bound by any earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2) that the accused is incapable of making his or her defence;

may either adopt any earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2) that the accused is incapable of making his or her defence, or may make a fresh determination under section 248(1) or (2); and

may receive any further evidence that it considers necessary to determine whether the accused is in fact incapable of making his or her defence;

the General Division of the High Court must —

if it makes a fresh determination under section 248(1) or (2), or adopts the earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2), that the accused is incapable of making his or her defence, comply with subsections (8) and (9) instead of the District Court or Magistrate’s Court that has made the earlier determination; and

if it makes a fresh determination under section 248(1) or (2) that the accused is capable of making his or her defence, proceed with the inquiry or trial or other proceeding;

the criminal case disclosure procedures under Division 5 of Part 10 must be stayed until —

the time the General Division of the High Court finds under section 248(1), or is satisfied under section 248(2), that the accused is capable of making his or her defence; or

the time the accused is certified under section 254(1) to be capable of making his or her defence,as the case may be;

any order under section 248(5)(b) made by the District Court or Magistrate’s Court before the case is transmitted continues to have effect pending an order under section 249(2), or a report under section 249(8), by the General Division of the High Court dealing with the case so transmitted; and

if the General Division of the High Court makes an order under section 248(5)(b) when the case is so transmitted, any earlier order under section 248(5)(b) made by the District Court or Magistrate’s Court before the case is transmitted is deemed to be revoked.(9C) To avoid doubt, a case may be transmitted to the General Division of the High Court under subsection (9A) even though the accused does not understand the reading and explanation of the charge.”; and

in subsection (11), after paragraph (a), insert —“(aa)must be made by the General Division of the High Court if any offence that the accused is charged with is only triable in the General Division of the High Court;