39Power of court to deal with defendant before proceedings completed

39 Power of court to deal with defendant before proceedings completed

(1)  If the question of a defendant's fitness to stand trial is reserved for investigation under this Act, the court by which the question was reserved or by which the investigation is to be conducted may –

(a) [Section 39 Subsection (1) amended by No. 72 of 2005, s. 111, Applied:20 Feb 2006] admit the defendant to bail –

(i) on condition that he or she will appear subsequently for the purposes of the investigation; and

(ii) on any other condition that the court considers appropriate; or

(b) [Section 39 Subsection (1) amended by No. 72 of 2005, s. 111, Applied:20 Feb 2006] if the court considers that it would not be appropriate to admit the defendant to bail –

(i) remand the defendant in custody; or

(ii) order that the defendant be detained in a secure mental health unit; or

(iii) make any other order that the court thinks appropriate for the custody or detention of the defendant.

(c) [Section 39 Subsection (1) amended by No. 72 of 2005, s. 111, Applied:20 Feb 2006] .  .  .  .  .  .  .  .  

(d) [Section 39 Subsection (1) amended by No. 72 of 2005, s. 111, Applied:20 Feb 2006] .  .  .  .  .  .  .  .  

(1A)  [Section 39 Subsection (1A) inserted by No. 72 of 2005, s. 111, Applied:20 Feb 2006] A court may only make an order that the defendant be detained in a secure mental health unit if –

(a) [Section 39 Subsection (1A) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] the defendant appears to be suffering from a mental illness within the meaning of the ; and