(1)  If, on an investigation, a court finds that the defendant is unfit to stand trial or records a finding to that effect under section 19 , the court must determine whether or not the defendant is likely to become fit to stand trial during the next 12 months.

(2)  If the court determines that the defendant is likely to become fit to stand trial during the next 12 months, the court must adjourn the proceedings for a period not exceeding 12 months and discharge any jury empanelled for the purposes of the trial.

(3)  If, after the adjournment, the court is of the opinion that the grounds on which the investigation was thought to be necessary no longer exist, the court may decide not to proceed with the investigation.

(4)  Where the court decides not to proceed with the investigation, the court must call on the defendant to plead to the charge and, if he or she does not do so, must enter a plea of not guilty.

(5)  In the case of a trial in the Supreme Court, a decision under subsection (3) is to be made without further proceedings before a jury.