On 18/06/2013,
you requested for the version in force on 18/06/2013
incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 25/06/2010.
246. In this Division —
“designated medical practitioner”, in relation to any psychiatric institution, has the same meaning as in the Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008);
“principal officer”, in relation to any psychiatric institution, has the same meaning as in the Mental Health (Care and Treatment) Act 2008;
“psychiatric institution” has the same meaning as in the Mental Health (Care and Treatment) Act 2008.
247.
—(1) When a court holding or about to hold any inquiry or trial or any other proceeding, has reason to suspect that the accused is of unsound mind and consequently incapable of making his defence, the court shall in the first instance investigate the fact of such unsoundness.
(2) Such investigation may be held in the absence of the accused if the court is satisfied that owing to the state of the accused’s mind it would be in the interests of the safety of the accused or of other persons or in the interests of public decency that he should be absent, and the court may receive as evidence a certificate in writing signed by a medical officer to the effect that the accused is in his opinion of unsound mind or is a proper person to be detained for observation and treatment in a psychiatric institution, or the court may, if it sees fit, take oral evidence from a medical officer on the state of mind of the accused.
(3) If the court, on its own motion or on the application of the Public Prosecutor, is not satisfied that the person is capable of making his defence, the court shall postpone the inquiry or trial or other proceeding and shall order that person to be remanded for observation in a psychiatric institution for a period not exceeding one month.
(4) The principal officer must keep the accused under observation and provide any necessary treatment during his remand and, before the expiry of that period, shall certify in writing to the court his opinion as to the person’s state of mind and if he is unable within that period to form any conclusion, shall so certify to the court and shall ask for a further remand, which may extend to a period of 2 months.
248.
—(1) If the principal officer certifies that the accused is of sound mind and capable of making his defence, the court shall, unless satisfied to the contrary, proceed with the inquiry or trial or other proceeding.
(2) If the principal officer certifies that that person is of unsound mind and incapable of making his defence, the court shall unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial or other proceeding shall be stayed but if the court is satisfied that the accused is of sound mind and capable of making his defence the court shall proceed with the inquiry or trial or other proceeding, as the case may be.
(3) The determination of the issue as to whether or not the accused is of unsound mind and incapable of making his defence shall, if the finding is that he is of sound mind and capable of making his defence, be deemed to be part of his trial before the court.
(4) The certificate of the principal officer shall be admissible as evidence under this section.
(5) If the accused is certified to be of unsound mind and incapable of making his defence it shall not be necessary for him to be present in court during proceedings under this section and he may be detained in a psychiatric institution pending an order under section 249.
249.
—(1) If an accused is found to be of unsound mind and incapable of making his defence, and if the offence charged is bailable, the court may release him on sufficient security being given that —
(a)
he will be properly taken care of;
(b)
he will be prevented from injuring himself or any other person;
(c)
he will appear in court when required or before such officer as the court appoints for that purpose; and
(d)
any other conditions that the court may determine will be met.
(2) If the offence charged is not bailable or if sufficient security is not given, the court shall report the case to the Minister who may, in his discretion, order the accused to be confined in a psychiatric institution, or any other suitable place of safe custody and the court shall give effect to that order.
(3) Pending the order of the Minister under subsection (2), the accused may be remanded for detention in a psychiatric institution, prison or other suitable place of safe custody.
250.
—(1) When an inquiry or trial or other proceeding is —
(a)
postponed for the accused to be detained for observation in a psychiatric institution under section 247; or
(b)
stayed under section 248,
the court may at any time begin the inquiry or trial or other proceeding afresh and require the accused to appear or be brought before the court.
(2) If the accused has been released under section 249, the court may require the accused to appear or be brought before it and may again proceed under section 247.
251. If an accused is acquitted on the ground that at the time at which he is alleged to have committed an offence he was by reason of unsoundness of mind incapable of knowing the nature of the act as constituting the offence or that it was wrong or contrary to law, the finding must state specifically whether he committed the act or not.
252.
—(1) Whenever the finding states that the accused committed the act alleged, the court before which the trial has been held shall, if that act would but for the incapacity found have constituted an offence, order that person to be kept in safe custody in such place and manner as the court thinks fit and shall report the case for the orders of the Minister.
(2) The Minister may order that person to be confined in a psychiatric institution, prison or other suitable place of safe custody during the President’s pleasure.
253.
—(1) If a person is confined under section 249 or 252 in a psychiatric institution, prison or other suitable place of safe custody, 2 of the visitors of a psychiatric institution, may, subject to subsection (2), visit him to ascertain his state of mind.
(2) The person confined under section 249 or 252 must be visited at least once every 6 months and the visitors must make a special report to the Minister as to the person’s state of mind.
254.
—(1) If a person is confined under section 249 and is certified by a principal officer and 2 of the visitors of the psychiatric institution to be capable of making his defence, the court must proceed with the inquiry or trial or other proceeding, as the case may be, and the certificate shall be admissible as evidence.
(2) Where after the trial is proceeded with against the person referred to in subsection (1) —
(a)
the person is acquitted at the end of the trial; or
(b)
the charge against the person is withdrawn at any time after the commencement of the trial,
the court may, after due inquiry, send the person to a designated medical practitioner at a psychiatric institution for treatment and the person may thereafter be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008).
(3) Where after the trial is proceeded with against the person referred to in subsection (1) —
(a)
the person is convicted of an offence at the end of the trial;
(b)
the person is acquitted at the end of the trial; or
(c)
the charge against the person is withdrawn at any time after the commencement of the trial,
any order made by the Minister under section 249(2) shall be deemed to have lapsed.
255.
—(1) If a relative or friend of a person confined under section 249(2) or 252 wishes the person to be delivered to his care and custody, he may apply for this and give security to the satisfaction of the Minister that —
(a)
that person will be properly cared for;
(b)
that person will be prevented from injuring himself or any other person;
(c)
that person will be produced for inspection by a principal officer at such time as the Minister directs; and
(d)
the relative or friend of that person will be able to meet any other conditions that the Minister may impose,
and if the Minister is so satisfied, he may order the person to be delivered to that relative or friend.
(2) If a person is confined under section 249(2), the Minister may further require the relative or friend to give security to his satisfaction that if at any time the Minister thinks the person is capable of making his defence, the relative or friend will produce the person for trial.
(3) Sections 253 and 256 shall apply with the necessary modifications to a person delivered under this section.
(4) Notwithstanding that a person confined under section 249(2) or 252 has been delivered to a relative or friend of that person under subsection (1), the Minister may, after receiving a special report referred to in section 253(2), order that the person be confined again in a psychiatric institution or any other suitable place.
256.
—(1) If the principal officer and 2 visitors of the psychiatric institution in which a person is confined under section 249(2) or 252 certify that in his or their judgment the person may be discharged without danger of injuring himself or any other person, the Minister may order him to be discharged, detained in custody or in prison, or sent to a psychiatric institution if he has not already been sent there.
(2) If the Minister orders the person to be sent to a psychiatric institution, he may appoint a commission consisting of a Magistrate and 2 medical officers to make formal inquiry into the person’s state of mind, taking such evidence as is necessary, and to report to the Minister, who may order the discharge or detention of the person as the Minister thinks fit.