Singapore legislation
Section 309
Section 309
Certificate of medical superintendent
(1)
If the medical superintendent certifies that the accused person is of sound mind and capable of making his defence, the court shall, unless satisfied to the contrary, proceed with the inquiry or trial, as the case may be.
(2)
If the medical superintendent certifies that that person is of unsound mind and incapable of making his defence, the Judge, District Judge or Magistrate shall unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial, as the case may be, shall be postponed but if the Judge, District Judge or Magistrate is satisfied that the accused person is of sound mind and capable of making his defence the court shall proceed with the inquiry or trial, as the case may be.
(3)
The trial of the issue as to whether or not the accused person is of unsound mind and incapable of making his defence shall, if the finding is that he is of sound mind and capable of making his defence, be deemed to be part of his trial before the court.
(4)
The certificate of the medical superintendent shall be receivable as evidence under this section.
(5)
If the accused person is certified to be of unsound mind and incapable of making his defence it shall not be necessary for him to be present in court during proceedings under this section and he may be detained in a mental hospital pending an order under section 310. [308