Capacity to defend: assess fitness to participate in proceedings and refer unsoundness to statutory disposition. When an accused appears before a Magistrate or Court the judicial officer shall assess whether the accused is capable of making his defence; if capable the inquiry or trial proceeds. If the accused is still considered incapable, the Magistrate or Court must act in accordance with sections 367 or 368 and, if found of unsound mind and incapable of making his defence, must deal with the accused under section 369.