(1)If the designated medical practitioner certifies that the accused is of sound mind and capable of making his or her defence, the court must, unless satisfied to the contrary, proceed with the inquiry or trial or other proceeding.
Section history
Section 248 — Certificate of designated medical practitioner
As in force on 31 December 2021.
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(2)If the designated medical practitioner certifies that the accused is of unsound mind and incapable of making his or her defence, the court must, unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial or other proceeding must be stayed but if the court is satisfied that the accused is of sound mind and capable of making his or her defence, the court must proceed with the inquiry or trial or other proceeding, as the case may be.
(3)The determination of the issue as to whether or not the accused is of unsound mind and incapable of making his or her defence is, if the finding is that the accused is of sound mind and capable of making his or her defence, deemed to be part of his or her trial before the court.
(4)The certificate of the designated medical practitioner is admissible as evidence under this section.
(5)If the accused is certified to be of unsound mind and incapable of making his or her defence, it is not necessary for the accused to be present in court during proceedings under this section and he may be detained in a psychiatric institution pending an order under section 249.