Procedure if accused is suspected to be of unsound mind
247.—(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 defence, the court must in the first instance investigate the fact of such unsoundness.
(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 mind, it would be in the interests of the safety of the accused or of other persons or in the interests of public decency that the accused 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 the medical officer’s 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 defence, the court must postpone the inquiry or trial or other proceeding and must order that person to be remanded for observation in a psychiatric institution for a period not exceeding one month.
(4)  A designated medical practitioner must keep the accused under observation and provide any necessary treatment during the accused’s remand and, before the expiry of that period, must certify in writing to the court his or her opinion as to the accused’s state of mind and if he or she is unable within that period to form any conclusion, must so certify to the court and must ask for a further remand, which may extend to a period of 2 months.
[33/2012]