Criminal Procedure And Evidence - Procedure In Case Of The Insanity Or Other Incapacity Of An Accused Person (Ss 157-175)

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PART XII
Procedure in Case of the Insanity or Other Incapacity of an Accused Person

(ss 157-175)

[Ch0802s157]157. Interpretation in Part XII

For the purposes of this Part unless the context

otherwise requires-

"a medical practitioner" means

the medical officer attached to any place of safe custody or any medical

practitioner from whom a judicial officer requires an opinion; and

"a place of safe custody" means

any mental or other hospital, prison or any other place of safe custody.

[Ch0802s158]158. Inquiry by court as to lunacy of accused

(1) When in the course of a trial or preparatory

examination the judicial officer has reason to believe that the accused is of

unsound mind and consequently incapable of making his defence, he shall inquire

into the fact of such unsoundness.

(2) If the judicial officer is of opinion that the

accused is of unsound mind, and consequently incapable of making his defence,

he shall postpone further proceedings in the case.

(3) If the case is one in which bail may be

granted, the judicial officer may release the accused person on sufficient security

being given that he will be properly taken care of and prevented from doing

injury to himself or to any other person and for his appearance before the

judicial officer or such other officer as the judicial officer may appoint in

that behalf.

(4) If the case is one in which bail may not be

granted or if sufficient security is not given the judicial officer may remand

the accused in custody.

(5) In either of the cases mentioned in

subsections (3) and (4) the officer shall report, in the case of a magistrate's

court, to the High Court which shall report to the President, and, in the case

of the High Court, to the President direct.

(6) On consideration of a report made to him in

terms of subsection (5) the President may order the accused to be confined during

his pleasure in a place of safe custody or may take such other course as seems

to him proper in the circumstances.

[Ch0802s159]159. Defence of lunacy at preparatory examination

When the accused person appears to be of sound

mind at the time of a preparatory examination, the magistrate, notwithstanding

that it is alleged that, at the time when the act was committed, in respect of

which the accused person is charged, he was by reason of unsoundness of mind

incapable of knowing the nature of the act or that it was wrong or contrary to

law, shall proceed with the case, and if the accused person ought, in the

opinion of the magistrate otherwise to be committed for trial, the magistrate

shall so commit him.

[Ch0802s160]160. Defence of lunacy at trial

(1) Where an act or omission is charged against

any person as an offence and it is given in evidence on the trial of such

person for that offence that he was insane so as not to be responsible for his

action at the time when the act was done or omission made, then, if it appears

to the court before which such person is tried that he did the act or made the

omission charged but was insane as aforesaid at the time when he did or made

it, the court shall return a special finding to the effect that the accused was

guilty of the act or omission charged, but was insane as aforesaid when he did

the act or made the omission.

(2) Where a special finding is returned in a

magistrate's court such court shall report to the High Court which shall report

further to the President and, where a special finding is returned in the High

Court, the High Court shall report direct to the President and in either case

the court returning such finding shall meantime order the accused to be kept in

custody as a criminal lunatic in such place and in such manner as it shall

direct.

(3) The President may order such person to be

confined during his pleasure in a place of safe custody.

[Ch0802s161]161. Resumption of examination or trial

(1) Whenever any preparatory examination or trial

is postponed under section 158, the court may, at any time, resume the

preparatory examination or trial and require the accused person to appear or to

be brought before the judicial officer, and if the judicial officer considers

him capable of making his defence, the preparatory examination or trial shall

proceed.

(2) If the judicial officer considers the accused

to be still incapable of making the defence, he shall act as if the accused

were brought before him for the first time.

[Ch0802s162]162. Certificate of medical practitioner as to sanity to be admissible

in evidence

If an accused person is confined in a place of

safe custody under the provisions of section 158 and a medical practitioner

certifies that such person is capable of making his defence, he shall be taken

before a judicial officer at such time as the judicial officer appoints to be

dealt with according to law and the certificate of such medical practitioner

shall be receivable in evidence.

[Ch0802s163]163. Procedure when accused does not understand proceedings

If the accused, though not insane, cannot be made

to understand the proceedings, the judicial officer may proceed with the

preparatory examination or trial, and, if the examination results in a

committal for trial, or where the trial is before a magistrate's court and

results in a conviction, the proceedings shall be forwarded to the High Court

with a report of the circumstances, and the High Court shall make thereon such

order as it thinks fit.

[Ch0802s164]164. Inquiry in absence of accused

Any inquiry into the fact of the unsoundness of

mind of any person under this Part may be held in the absence of the accused

person if the judicial officer 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.

[Ch0802s165]165. Transfers from place of safe custody

Subject to any contrary direction that may in any

particular case be given by the President, any person confined under the provisions

of this Part may be transferred from a place of safe custody to a place of safe

custody which is a mental or other hospital with the consent of the Director of

Health Services, and from a place of safe custody to a place of safe custody

which is a prison with the consent of the Commissioner of Prisons.

[Ch0802s166]166. Notification of confinement and transfer

(1) Whenever an order is made by the President

under section 158(6) or section 160(3) that a person be confined in a place of

safe custody which is a mental or other hospital, a copy of such order shall be

transmitted to the Master of the High Court (hereafter referred to as the

"Master") and to the Director of Health Services.

(2) Whenever an order is made by the President

under the provisions mentioned in subsection (1) that a person be confined in a

place of safe custody which is a prison, a copy of such order shall be

transmitted to the Master, Director of Health Services and the Commissioner of

Prisons.

(3) Whenever a person confined by virtue of an

order made under any of the provisions mentioned in subsection (1) is

transferred from one place of safe custody to another the person in charge of

the former place shall notify the Master of such transfer.

[Ch0802s167]167. Inquiry into continued confinement

(1) Any person confined in a place of safe custody

under the provisions of this Part may directly or through a curator-ad-litem

apply, and the husband, wife or any other relative or any friend of a person so

confined may apply, and the Master may apply, to the President for an inquiry

into the mental condition, and the desirability of the continued confinement,

of such person.

(2) On consideration of any such application the

President shall have power to direct that such an inquiry be held by a judge of

the High Court.

(3) The judge holding such inquiry may, after the

conclusion thereof-

(a) in the

case of any person so confined, make recommendations for the consideration of

the President respecting the release or further confinement of such person; or

(b) in the

case of a person confined under the provisions of section 158, order that the

postponed proceedings be resumed, subject to the provisions of section 161(2),

in a court, and within a period, to be specified in the order.

(4) On consideration of recommendations made in

pursuance of paragraph (a) of subsection (3) the President may make such

order, and attach thereto such conditions, as he thinks fit.

(5) A copy of any order made under subsection (4)

shall be transmitted to the Master and the Director of Health Services and, if

it relates to a person confined in a place of safe custody which is a prison,

to the Commissioner of Prisons.

(6) An inquiry held under this section shall be

held at such time and place as the judge holding it may determine.

(7) The Chief Justice may, by statutory

instrument, make rules to regulate the conduct of inquiries under this section.

[Ch0802s168]168. Appointment of curator bonis of person confined

(1) Whenever any person (in this section referred

to as "the person confined") is confined in a place of safe custody

under the provisions of this Part, the Master may, of his own motion or at the

instance of any person, appoint a curator bonis for the care or custody

of any property of the person confined, and where it appears to the Master

desirable that provision should be made for the maintenance and other necessary

purposes or requirements of the person confined, or any member of his family, out

of any cash or available securities belonging to him in the hands of his

bankers or of any other person, the Master may authorize and require such

banker or other person to pay to the curator bonis or the person in

charge of the place of safe custody in which the person confined is confined

such sums as may be deemed necessary and may give instructions as to the

application thereof for the benefit of the person confined or the relief of his

family.

(2) The Master shall transmit notice of any

appointment made or authorization given under subsection (1) to the person in

charge of the place of safe custody in which the person confined is confined

and, when such place is a mental or other hospital, to the Director of Health

Services and, when such place is a prison, to the Commissioner of Prisons.

(3) Any authorization given in terms of subsection

(1) may be reviewed by the High Court at any time on application by the Master

or any person able to show locus standi and may be varied, cancelled or

replaced, as the Court thinks fit.

(4) The Chief Justice may, by statutory

instrument, make rules respecting applications for review in terms of the last

preceding subsection.

[Ch0802s169]169. Reports on persons confined

(1) Whenever a person is confined in a place of

safe custody under the provisions of this Part the person in charge of such

place shall transmit in the prescribed form annually to the Director of Health

Services a report on the mental and physical condition of the person confined,

and shall transmit a copy of such report to the Master.

(2) The Director of Health Services, if not

satisfied with such report, may call for such further information as he may

require, or may himself visit and examine the person confined in reference to

his mental condition or instruct some other medical practitioner to examine the

person confined and report on his mental condition.

(3) The person in charge of any place of safe

custody shall give notice forthwith-

(a) of the

death of any person confined under the provisions of this Part to-

(i) the

President;

(ii) the

District Commissioner;

(iii) the

District Registrar of Births and Deaths;

(iv) the

Director of Health Services;

(v) the

Master; and

(vi) in

the case of a person confined in a prison, the Commissioner of Prisons;

(b) of the

escape of a person so confined to-

(i) the

District Commissioner;

(ii) the

nearest police station;

(iii) the

Director of Health Services;

(iv) the

Master; and

(v) in

the case of a person confined in a prison, the Commissioner of Prisons.

[Ch0802s170]170. Cessation of mental disorder, etc., of criminal lunatic

(1) Where two medical practitioners have

certified, or the Mental Health Board has certified, to the Director of Health

Services in such manner as may be prescribed that a person confined under the

provisions of section 160 is no longer a mentally disordered or defective

person, the Director, after making such inquiry into the matter as he may think

fit may report to the President who, on consideration of such report and such

certificate, may make such order concerning-

(a) the

continued confinement;

(b) the

release; or

(c) the

conditions governing or affecting the confinement or release,

of the person so confined, as he may think fit.

(2) A copy of any order made under subsection (1)

shall be transmitted to the Master and the Director of Health Services and, if

it relates to a person confined in a place of safe custody which is a prison,

to the Commissioner of Prisons.

[Ch0802s171]171. False statements

Every person is guilty of an offence who makes any

wilful mis-statement of any material fact in any application, statement of

particulars, report or certificate made, submitted or given under this Part.

[Ch0802s172]172. Ill-treatment of persons confined

Any person in charge of, or any officer, medical

officer, nurse, attendant, servant or other person employed or performing

duties at a place of safe custody who ill-treats or wilfully neglects any

person confined under the provisions of this Part is guilty of an offence.

[Ch0802s173]173. Conniving at escape of person confined

Any person who wilfully assists or permits or

connives at the escape or attempted escape of any person confined under the

provisions of this Part or who secretes or harbours such a person who has

escaped is guilty of an offence.

[Ch0802s174]174. Employment of male persons in custody of females

(1) Subject to the provisions of subsection (2),

it shall not be lawful to employ any male person in any place of safe custody

to exercise the personal custody or restraint of any female person confined

therein, and any person employing a male person contrary to this section is

guilty of an offence.

(2) This section shall not prohibit the employment

of male persons on such occasions of urgency as may, in the opinion of the

person in charge of the place of safe custody, render such employment

necessary.

[Ch0802s175]175. Penalties

Any person convicted of an offence under section

171, 172, 173 or 174 shall be liable to a fine not exceeding P500 or to

imprisonment for a term not exceeding 12 months, or to both.