188ADetermining if accused unfit to stand trial

1. In order to determine whether an accused is unfit to stand trial, the Court Martial must receive the evidence of at least 2 health assessors as to whether the accused is mentally impaired.

2. If the Court is satisfied on the evidence given under subsection (1) that the accused is mentally impaired, the Court must record a finding to that effect and—

3. give the prosecutor and the accused an opportunity to be heard and to present evidence as to whether the accused is unfit to stand trial; and
4. find whether the accused is unfit to stand trial; and
5. record the finding made under paragraph (b).

6. If the Court records a finding under subsection (2) that the accused is fit to stand trial, the Court must continue the proceedings.

7. Repealed

8. The standard of proof required for a finding under this section is the balance of probabilities.

9. The jurisdiction conferred on the Court Martial by this section and by section 188 may be exercised by the Court in the absence of the accused if the Court is satisfied by medical evidence that the accused is too mentally impaired to be brought before the Court Martial.