(1) This section applies if—(a) the decision appealed against is a decision of the tribunal that a person is fit for trial; andNote—The tribunal may decide a person is fit for trial on a review under chapter 12 , part 6 .(b) the forensic order or treatment support order to which the person was subject has ended under section 497 (2) ; and(c) the Mental Health Court decides on the appeal that the person is unfit for trial.
(2) The Mental Health Court may make the orders the court may make under chapter 5 , part 4 as if a reference in the part to a reference in relation to a person were a reference to an appeal against a decision of the tribunal that a person is fit for trial.