(1)When a court holding or about to hold any inquiry or trial or any other proceeding, has reason to suspect that the accused is of unsound mind and consequently incapable of making his or her 2021defence, the court shall2021must2021 in the first instance investigate the fact of such unsoundness.
Section history
Section 247 — Procedure if accused is suspected to be incapable of making defence
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 247 — Original text to 15 November 2022superseded
(2)Such investigation may be held in the absence of the accused if the court is satisfied that owing to the state of the accused’s mind2012mind,2012 it would be in the interests of the safety of the accused or of other persons or in the interests of public decency that he2021the accused2021 should be absent, and the court may receive as evidence a certificate in writing signed by a medical officer to the effect that the accused is in his2021the medical officer’s2021 opinion of unsound mind or is a proper person to be detained for observation and treatment in a psychiatric institution, or the court may, if it sees fit, take oral evidence from a medical officer on the state of mind of the accused.
(3)If the court, on its own motion or on the application of the Public Prosecutor, is not satisfied that the person is capable of making his or her 2021defence, the court shall2021must2021 postpone the inquiry or trial or other proceeding and shall2021must2021 order that person to be remanded for observation in a psychiatric institution for a period not exceeding one month.
(4)The principal officer2013A designated medical practitioner2013 must keep the accused under observation and provide any necessary treatment during his2021the accused’s2021 remand and, before the expiry of that period, shall2021must2021 certify in writing to the court his or her 2021opinion as to the person’s2021accused’s2021 state of mind and if he or she2021 is unable within that period to form any conclusion, shall2021must2021 so certify to the court and shall2021must2021 ask for a further remand, which may extend to a period of 2 months.
Section 247 — From 15 November 2022 (current)rewritten by Criminal Justice Reform Act 2018
(1)When a court, which is holding or about to hold any inquiry, trial or other proceeding, has reason to suspect that the accused, by reason of unsoundness of mind or any physical or mental condition, is incapable of making the accused’s defence, the court must in the first instance investigate whether the accused is in fact so incapable.
(2)The investigation may be held in the absence of the accused if the court is satisfied that, owing to the accused’s state of mind or physical or mental condition, it would be in the interests of the safety of the accused or of any other person, or in the interests of public decency, that the accused should be absent.
(3)For the purposes of the investigation, the court may —
(a)receive as evidence a certificate in writing signed by a medical practitioner stating that, in the opinion of the medical practitioner, the accused —
(i)is incapable of making the accused’s defence by reason of unsoundness of mind or any physical or mental condition; or
(ii)is a proper person to be detained for observation and treatment in a psychiatric institution; or
(b)if the court sees fit, take oral evidence from a medical practitioner on the accused’s state of mind or physical or mental condition.
(4)If the court, on its own motion or on the application of the Public Prosecutor, is not satisfied that the accused is capable of making the accused’s defence, the court must —
(a)postpone the inquiry, trial or other proceeding; and
(b)order that the accused be remanded for observation in a psychiatric institution for a period not exceeding one month.
(5)During the period of the accused’s remand (including any extension under subsection (8) of that period), a designated medical practitioner must —
(a)keep the accused under observation; and
(b)provide any necessary treatment.
(6)Before the expiry of the period of the accused’s remand (including any extension under subsection (8) of that period) —
(a)the designated medical practitioner must certify in writing to the court the designated medical practitioner’s opinion on the following matters:
(i)the accused’s state of mind or physical or mental condition and, consequently, the accused’s ability to make the accused’s defence;
(ii)whether there is any risk that the accused, if released, may injure himself or any other person;
(iii)if there is any such risk —
(A)the extent of that risk;
(B)the conditions (if any) that may be imposed to minimise that risk; and
(C)the extent to which each such condition (if any) will minimise that risk; or
(b)if the designated medical practitioner is unable within that period to form a conclusion on one or more of the matters mentioned in paragraph (a)(i), (ii) and (iii), the designated medical practitioner must —
(i)certify in writing to the court the matters mentioned in paragraph (a)(i), (ii) and (iii) on which the designated medical practitioner is unable within that period to form a conclusion; and
(ii)request for the accused to be further remanded for observation in a psychiatric institution for a period not exceeding 2 months at any one time.
(7)For the purposes of subsection (6)(a)(iii)(B), the conditions that the designated medical practitioner may certify to be conditions that may be imposed to minimise the risk that the accused, if released, may injure himself or any other person, include the following conditions:
(a)the accused must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 19802025 or 2023·2025in respect of which a licence is granted under the Healthcare Services Act 20202023, that is specified by the designated medical practitioner;
(b)the accused must present himself for any medical treatment that is specified by the designated medical practitioner;
(c)the accused must take any medication that is specified by the designated medical practitioner;
(d)a person must supervise the accused’s compliance with any conditions that are imposed on the accused to minimise that risk.
(8)The court may, on a request under subsection (6)(b)(ii), extend the period of the accused’s remand for observation in a psychiatric institution.