49.—(1) The following provisions of this Article apply where, on the trial of a person charged on indictment with the commission of an offence, the question arises (at the instance of the defence or otherwise) whether the accused is unfit to be tried (in this Article referred to as “the question of fitness to be tried”).
(2) Subject to paragraph (3), the question of fitness to be tried shall be determined as soon as it arises.
(3) If, having regard to the nature of the supposed mental condition of the accused, the court is of opinion that it is expedient so to do and in the interests of the accused, the court may—
(a)postpone consideration of the question of fitness to be tried until any time up to the opening of the case for the defence; and
(b)if, before the said question falls to be determined, the jury returns a verdict of acquittal on the count or each of the counts on which the accused is being tried, that question shall not be determined.
(4) The question of fitness to be tried shall be determined[F1 by the court without a jury].
[F2(4A) [F1The court] shall not make a determination under paragraph (4) except on the oral evidence of a medical practitioner appointed for the purposes of Part II by [F3RQIA] and on the written or oral evidence of one other medical practitioner.]
Paras. (5)‐(8) rep. by 1996 NI 24
(9) In this Article and[F2 Articles 49A, 50A and 51(6)] “unfit to be tried” includes unfit to plead.
F3Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2
Modifications etc. (not altering text)
C1Art. 49 modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 10(1)(2) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)
C2Art. 49 expiry of earlier affecting provision 2020 c. 7, Sch. 10 paras. 3-13 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)