(1)If the principal officer2013designated medical practitioner2013 certifies that the accused is of sound mind and 2022capable of making his or her 2021defence, the court shall,2021must,2021 unless satisfied to the contrary, proceed with the inquiry or trial or other proceeding.
Section history
Section 248 — Certificate of designated medical practitioner
Consolidated view is experimental and may be broken for certain provisions.
Subsection (1) — Original text to 14 February 2025superseded
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 officer2013designated medical practitioner2013 certifies that that2021the2021 person2021accused2021 is of unsound mind and2022is, by reason of unsoundness of mind or any physical or mental condition,2022 incapable of making his or her 2021defence, the court shall2012shall,2012·2021must,2021 unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial or other proceeding shall2021must2021 be stayed but if the court is satisfied that the accused is of sound mind and 2022capable of making his or her 2021defence2012defence,2012 the court shall2021must2021 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 and2022is, by reason of unsoundness of mind or any physical or mental condition,2022 incapable of making his or her 2021defence shall,2021is,2021 if the finding is that he2021the accused2021 is of sound mind and 2022capable of making his or her 2021defence, be2021 deemed to be part of his or her 2021trial before the court.
(4)The certificate of the principal officer2013designated medical practitioner2013 shall be2021is2021 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 and2022be, by reason of unsoundness of mind or any physical or mental condition,2022 incapable of making his or her 2021defence2012defence,2012 it shall2021is2021 not be2021 necessary for him2021the accused2021 to be present in court during proceedings under this section and he may be detained in a psychiatric institution2022section, and the court may order that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody2022 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).