National Defence Act

Marginal note:Trial proceeds where accused fit to stand trial

• 200 (1) Where the finding of a court martial on trial of the issue is that an accused person is fit to stand trial, the court martial shall continue its proceedings as if the issue of fitness had never arisen.

• Marginal note:Procedure where accused unfit to stand trial

  (2) Where the finding on trial of the issue is that an accused person is unfit to stand trial, the court martial shall

  • (a) set aside any plea that has been made; and

  • (b) hold a hearing and make a disposition under section 201 in respect of the accused person if it is satisfied that it can readily do so and that a disposition should be made without delay.

• Marginal note:Order for assessment

  (3) Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining the appropriate disposition to be made under subsection (2) or under section 202, the court martial may make an order for an assessment of the accused person.