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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.
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.
