§ 248 — Certificate of designated medical practitioner

248.—(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.[Act 5 of 2024 wef 14/02/2025]

(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.[Act 5 of 2024 wef 14/02/2025]

(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.

[Act 5 of 2024 wef 14/02/2025]

(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.

[Act 5 of 2024 wef 14/02/2025]

(3) The determination of the issue as to whether or not the accused is, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence is, if the finding is that the accused is capable of making his or her defence, deemed to be part of his or her trial before the court.[Act 19 of 2018 wef 15/11/2022]

(4) The certificate of the designated medical practitioner is admissible as evidence under this section.[33/2012]

(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.

[Act 5 of 2024 wef 14/02/2025]

(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).[Act 5 of 2024 wef 14/02/2025]

—(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.[Act 5 of 2024 wef 14/02/2025]

(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.[Act 5 of 2024 wef 14/02/2025]

(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.

[Act 5 of 2024 wef 14/02/2025]

(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.

[Act 5 of 2024 wef 14/02/2025]

(3) The determination of the issue as to whether or not the accused is, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence is, if the finding is that the accused is capable of making his or her defence, deemed to be part of his or her trial before the court.[Act 19 of 2018 wef 15/11/2022]

(4) The certificate of the designated medical practitioner is admissible as evidence under this section.[33/2012]

(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.

[Act 5 of 2024 wef 14/02/2025]

(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).[Act 5 of 2024 wef 14/02/2025]