[54 Unfitness for trial: further provision]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

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[54  Unfitness for trial: further provision]

(1)     Where the court is satisfied... that a person charged with the commission of an offence is [unfit for trial] so that his trial cannot proceed or, if it has commenced, cannot continue, the court shall, subject to subsection (2) below—

(a)     make a finding to that effect and state the reasons for that finding;

(b)     discharge the trial diet [or, in proceedings on indictment where the finding is made at or before the first diet (in the case of proceedings in the sheriff court) or the preliminary hearing (in the case of proceedings in the High Court), that diet or, as the case may be, hearing] and order that a diet (in this Act referred to as an “an examination of facts”) be held under section 55 of this Act; and

(c)     remand the person in custody or on bail or, where the court is satisfied—

(i)     on the written or oral evidence of two medical practitioners, that [the conditions mentioned in subsection (2A) below are met in

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