331BExamination if expert psychiatric or medical evidence to be

331B Examination if expert psychiatric or medical evidence to be adduced (1) This section applies: (a) if a person (the accused): (i) is to be tried for an offence in a court on indictment; and (ii) intends to adduce expert psychiatric or medical evidence relating to the state of mind, or a medical condition, of the accused at the time the alleged offence was committed; and (b) whether or not notice of the accused's intention has been given under section 331A. (2) The court may, on application by the prosecution, require the accused to be examined by a psychiatrist, or other appropriate expert, (the independent expert) nominated by the prosecution and approved by the court. (3) The prosecution must pay the costs of the examination. (4) The court may, on application, allow the independent expert to be called to give evidence in chief for the prosecution or defence in relation to the results of the examination. (5) If the accused refuses to be examined, at the trial: (a) the prosecution may cross–examine the accused and any expert witness called by the accused, as to the possible reasons for the accused's refusal to be examined; and (b) the court or prosecution may make comment to the jury in relation to the refusal (but must not suggest that, because of the refusal, the accused is guilty of the offence to which the trial relates). (6) This section does not affect the operation of Part IIA.