that the person in detention is mentally disordered or intellectually handicapped, the Attorney-General or the person so in charge, as the case may be, shall without delay report the fact to a magistrate of the province in which the person concerned is being detained: Provided that, if the person is under detention for the purposes of a preparatory examination or trial which has already commenced, the report required by this subsection shall be made to the judicial officer presiding at the preparatory examination or trial, and that judicial officer shall then proceed under section twenty-eight. (2) Within twenty-four hours after receiving a report in terms of subsection (1), the magistrate or other judicial officer shall direct two medical practitioners to examine the person concerned and to 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 magistrate or judicial officer may direct a psychiatric nurse practitioner to examine the person concerned, inquiry into his mental state and provide the second certificate required by this subsection. (3) If the magistrate or other judicial officer, on consideration of the certificates provided in terms of subsection (2) and after such other inquiry as he thinks fit— (a) is satisfied that the person concerned is mentally disordered or intellectually handicapped and, in the case of a person referred to in paragraph (a) of subsection (1), would not be able to understand the nature of any criminal proceedings or properly to conduct his defence, he shall issue one of the following orders— (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 (2) 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 or judicial officer considers that the offence in respect of which the person is undergoing a preparatory examination or with which he is charged or of which he has been convicted, 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 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) is unable to conclude whether or not the person concerned is mentally disordered or intellectually handicapped or whether, in the case of a person referred to in paragraph (a) of subsection (2), he would be able to understand the nature of any criminal proceedings or properly to conduct his defence, the magistrate or judicial officer may issue an order— (i) directing that the person be removed to an institution and detained there for examination: Provided that a person shall not be detained in terms of this subparagraph for more than eight weeks; or (ii) directing the release of the person, for such period and subject to such conditions as may be specified in the order, for the purpose of examination of his mental state. (4) An order issued under subparagraph (i) or (ii) of paragraph (a) of subsection (3) shall have the same effect as a reception order and the procedure laid down in Part II shall thereafter be followed. (5) An order or direction under subparagraph (iii) of paragraph (a) of subsection (3) may be given subject to such conditions as the magistrate or other judicial officer thinks fit. (6) Notwithstanding any other law, but subject to the terms and conditions of the order concerned, where a magistrate or other judicial officer has ordered in terms of subsection (3) that proceedings against a person be stayed, no further proceedings shall be taken against that person in relation to the offence in connection with which he appeared before the magistrate or other judicial officer until — (a) the period, if any, specified in the order has expired; or (b) any examination or treatment ordered to be undergone by that person has been completed; or (c) the magistrate or judicial officer, or another magistrate or judicial officer of equivalent jurisdiction, revokes the order; or (d) the order is set aside by the Mental Health Review Tribunal on an appeal in terms of section thirty-six.