Description

1. If, during the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that the person is of unsound mind and consequently incapable of making a defense, the Magistrate or Court shall first examine the issue of such unsoundness and incapacity. After considering the medical and other evidence presented, if the Magistrate or Court is satisfied that the person is indeed of unsound mind and incapable of defending themselves, a finding to that effect shall be recorded, and further proceedings in the case shall be postponed.
2. The trial concerning the unsoundness of mind and incapacity of the accused shall be considered part of their trial before the Magistrate or Court.