(7) A person who is detained under an order issued in terms of paragraph (b) of subsection (3) shall, whilst so detained, be deemed to be in the lawful custody of the person in charge of the place in which he was detained before his removal to the institution. 28 Procedure where person found mentally disordered or intellectually handicapped during preparatory examination or trial (1) In this section— “magistrate” includes the chief magistrate and any regional magistrate. (2) If, at any time during a preparatory examination against, or trial of, any person— (a) it appears to the judge or magistrate presiding at the preparatory examination or trial that the person is mentally disordered or intellectually handicapped; or (b) a report in terms of the proviso to subsection (1) of section twenty-seven is received by the judge or magistrate presiding at the preparatory examination or trial that the person appears to be mentally disordered or intellectually handicapped; the judge or magistrate shall inquire into that person’s mental state. (3) For the purposes of inquiring into a person’s mental state in terms of subsection (2), the judge or magistrate may— (a) adjourn the preparatory examination or trial for such period, not exceeding fourteen days, as he thinks fit and remand the person to the custody of the officer in charge of a prison; and (b) direct two medical practitioners to examine the person and inquire into his mental state and, after such examination, the medical practitioners shall certify in writing in the prescribed form as to the person’s mental state: Provided that if only one medical practitioner is available, the judge or magistrate may direct a psychiatric nurse practitioner to examine the person concerned, inquire into his mental state and provide the second certificate required by this paragraph. (4) If the judge or magistrate, on consideration of the medical evidence and such other evidence as he thinks fit, finds that the person concerned is mentally disordered or intellectually handicapped and would not be able to understand the nature of any criminal proceedings or properly to conduct his defence, he shall record that finding and issue one of the following orders— (a) in the case of a judge— (i) order that the person be removed to an institution and detained there for a definite or an indefinite period; or (ii) if it appears to him from the medical or other evidence that the person is a danger to others and a certificate in terms of subsection (3) which has been given by a designated medical practitioner recommends that the person be detained in a special institution, order that the person be removed to a special institution and detained there for a definite or an indefinite period; or (iii) if the judge considers that the offence with which the person is charged will not merit imprisonment without the option of a fine or a fine exceeding level three, order the proceedings against the person to be stayed for a definite or an indefinite period, and— A. order the person to submit himself for treatment in any institution or other place in terms of Part VI; or B. order the person’s guardian, spouse or close relative to make an application for the person to be received for treatment in any institution or place in terms of Part VII or Part VIII; and give such directions for the person’s release from custody or continued detention or transfer to an institution or other place as he considers necessary to ensure that the person receives appropriate treatment; (b) in the case of a magistrate— (i) order that the person be removed to, and detained in, an institution; or (ii) if it appears to him from the medical or other evidence that the person is a danger to others and a certificate in terms of subsection (3) which has been given by a designated medical practitioner recommends that the person be detained in a special institution, order that the person be removed to, and detained in, a special institution; or (iii) if the magistrate considers that the offence in respect of which the person is undergoing a preparatory examination or with which he is charged, as the case may be, will not merit imprisonment without the option of a fine or a fine exceeding level three, order the proceedings against the person to be stayed for a definite or an indefinite period, and— A. order the person to submit himself for treatment in any institution or other place in terms of Part VI; or B. order the person’s guardian, spouse or close relative to make an application for the person to be received for treatment in any institution or place in terms of Part VII or Part VIII;