Criminal Procedure Code 2010 · 2020 Revised Edition · Part 13 · General Provisions Relating to Proceedings in Courts
248. Certificate of designated medical practitioner
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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.
designated medical practitioner
“designated medical practitioner”, in relation to any psychiatric institution, has the meaning given by the Mental Health (Care and Treatment) Act 2008;
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.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
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.
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.
The determination of the issue as to whether or not the accused is, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence is, if the finding is that the accused is capable of making his or her defence, deemed to be part of his or her trial before the court.
The certificate of the designated medical practitioner is admissible as evidence under this section.
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.
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).