Sch 10 para 2
Where on a trial of a charge by the Service Civilian Court any question arises (whether at the instance of the defence or otherwise)— (a) whether the defendant is fit to stand trial, or (b) where it appears that the defendant did the act or made the omission charged against him as the offence, whether he was insane at the time of the act or omission, the court must refer the charge to the Court Martial for trial by that court.