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Section history

Section 248 — Certificate of designated medical practitioner

Consolidated view is experimental and may be broken for certain provisions.

Amendments
248.Certificate of principal officerdesignated medical practitioner
Subsection (1) — Original text to 14 February 2025superseded

(1)If the principal officerdesignated medical practitioner certifies that the accused is of sound mind and capable of making his or her defence, the court shall,must, unless satisfied to the contrary, proceed with the inquiry or trial or other proceeding.

Subsection (1) — From 14 February 2025 (current)rewritten by Criminal Procedure (Miscellaneous Amendments) Act 2024

(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, find accordingly.

Subsection (2) — Original text to 14 February 2025superseded

(2)If the principal officerdesignated medical practitioner certifies that thatthe personaccused is of unsound mind andis, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence, the court shallshall,must, unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial or other proceeding shallmust be stayed but if the court is satisfied that the accused is of sound mind and capable of making his or her defencedefence, the court shallmust proceed with the inquiry or trial or other proceeding, as the case may be.

Subsection (2) — From 14 February 2025 (current)rewritten by Criminal Procedure (Miscellaneous Amendments) Act 2024

(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.

(2A)Where the court —

(a)is satisfied under subsection (1); or

(b)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.

(2B)Where the court —

(a)finds under subsection (1); or

(b)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.

(3)The determination of the issue as to whether or not the accused is of unsound mind andis, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence shall,is, if the finding is that hethe accused is of sound mind and capable of making his or her defence, be deemed to be part of his or her trial before the court.

(4)The certificate of the principal officerdesignated medical practitioner shall beis admissible as evidence under this section.

Subsection (5) — Original text to 14 February 2025superseded

(5)If the accused is certified to be of unsound mind andbe, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defencedefence, it shallis not be necessary for himthe accused to be present in court during proceedings under this section and he may be detained in a psychiatric institutionsection, 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.

Subsection (5) — From 14 February 2025 (current)rewritten by Criminal Procedure (Miscellaneous Amendments) Act 2024

(5)If the court is satisfied under subsection (1), or finds under subsection (2), that the accused is incapable of making his or her defence —

(a)the court may decide that it is not necessary for the accused to be present in court during proceedings under this section; and

(b)the court may order —

(i)that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody; or

(ii)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.

(6)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).