110(1)Where the judge has reason to believe that the defendant is unable by reason of mental illness or incapacity to conduct a defence to a charge, the judge may adjourn the proceedings, without fixing a time for their resumption, and order the defendant to attend a psychiatric facility for examination.

110(2)Where it appears to the judge that the defendant may not attend, or has not attended, a psychiatric facility in accordance with an order under subsection (1), the judge may issue a warrant in prescribed form authorizing

110(3)A judge shall not make an order under subsection (1) or issue a warrant under subsection (2) without first ascertaining that the services of a psychiatric facility are available to the defendant.

110(4)A written report shall be forwarded to the judge as to the results of the observation and examination within five days after the examination.

110(5)The written report forwarded to the judge under subsection (4) shall form part of the record of the proceedings.

110(6)The judge shall consider the report and shall resume the proceedings if the judge is satisfied that the defendant is capable of conducting a defence.

110(7)The prosecutor or the defendant may apply to the judge to resume proceedings adjourned under subsection (1), and where the proceedings are resumed the judge may again take action under this section if it appears to the judge that the defendant is unable by reason of mental illness or incapacity to conduct a defence.

110(8)No application by the prosecutor to resume proceedings adjourned under this section shall be made more than six months after the date of the first adjournment under subsection (1).

110(9)This section does not limit the authority of a person acting under the Mental Health Act to make an application to have the defendant admitted to a psychiatric facility.