Comparison View

Formal Consolidation |  2012 RevEd
Certificate of principal officer
248.—(1)  If the principal officer certifies that the accused is of sound mind and capable of making his defence, the court shall, unless satisfied to the contrary, proceed with the inquiry or trial or other proceeding.
(2)  If the principal officer certifies that that person is of unsound mind and incapable of making his defence, the court shall, unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial or other proceeding shall be stayed but if the court is satisfied that the accused is of sound mind and capable of making his defence, the court shall 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 defence shall, if the finding is that he is of sound mind and capable of making his defence, be deemed to be part of his trial before the court.
(4)  The certificate of the principal officer shall be admissible as evidence under this section.
(5)  If the accused is certified to be of unsound mind and incapable of making his defence, it shall not be necessary for him 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.
Informal Consolidation | Amended Act 33 of 2012
Certificate of designated medical practitioner
248.—(1)  If the designated medical practitioner certifies that the accused is of sound mind and capable of making his defence, the court shall, unless satisfied to the contrary, proceed with the inquiry or trial or other proceeding.
[Act 33 of 2012 wef 01/01/2013]
(2)  If the designated medical practitioner certifies that that person is of unsound mind and incapable of making his defence, the court shall, unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial or other proceeding shall be stayed but if the court is satisfied that the accused is of sound mind and capable of making his defence, the court shall proceed with the inquiry or trial or other proceeding, as the case may be.
[Act 33 of 2012 wef 01/01/2013]
(3)  The determination of the issue as to whether or not the accused is of unsound mind and incapable of making his defence shall, if the finding is that he is of sound mind and capable of making his defence, be deemed to be part of his trial before the court.
(4)  The certificate of the designated medical practitioner shall be admissible as evidence under this section.
[Act 33 of 2012 wef 01/01/2013]
(5)  If the accused is certified to be of unsound mind and incapable of making his defence, it shall not be necessary for him 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.
[Act 33 of 2012 wef 01/01/2013]