Section 372.   When accused appears to have been of sound mind.

When the accused appears to be of sound mind at the time of inquiry or trial, and
the Magistrate is satisfied from the evidence given before him that there is reason to believe
that the accused committed an act, which, if he had not been having a mental illness, would
have been an offence, and that he was, at the time when the act was committed, by reason
of mental illness, incapable of knowing the nature of the act or that it was wrong or contrary
to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by
the Court of Session, commit him for trial before the Court of Session.