(1)  If a magistrate is of the opinion, after taking into account the matters required to be considered in determining the order to be made, that a forensic order should be made in respect of a defendant, the magistrate may refer the matter to the Supreme Court for determination.

(2)  On the referral of a matter to the Supreme Court under subsection (1) , the Supreme Court –

(a) must enquire into the circumstances of the case; and

(b) has the same powers to deal with the defendant as if the defendant had been dealt with in the Supreme Court.