(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, proceed with the inquiry or trial or other proceeding.

(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, and thereupon the inquiry or trial or other proceeding must be stayed but if the court is satisfied that the accused is 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, 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.

(4)The certificate of the designated medical practitioner is admissible as evidence under this section.

(5)If the accused is certified to be, by reason of unsoundness of mind or any physical or mental condition, 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 the court may order that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody pending an order under section 249.