PART VI
TRIALS
GENERAL PROVISIONS RELATING TO TRIALS

D. - Procedure in Case of the Insanity or Incapacity of an Accused Person

216.-(1) When in the course of a trial the court has reason to believe that the accused is of unsound mind and consequently incapable of making his defence it shall, before inquiring into the fact of such unsoundness of mind and notwithstanding the fact that the accused may not have pleaded to the charge, call on the prosecution to give or adduce evidence in support of the charge.

(2) If at the close of the evidence in support of the charge it appears to the court that a case is not made out against the accused person the court shall dismiss the charge and acquit the accused person and may then proceed to deal with him under the Mental Diseases Act.

(3) If at the close of the evidence in support of the charge it appears to the court that a case has been made out against the accused person, it shall then proceed to inquire into the fact of the unsoundness of mind of the accused and, for this purpose, may order him to be detained in a mental hospital for medical examination or, in case where bail may be granted, may admit him to bail on sufficient security as to his personal safety and that of the public and on condition that he submits himself to medical examination or observation by a medical officer as may be directed by the court.

(4) The medical officer in charge of the mental hospital in which an accused person has been ordered to be detained or a medical officer to whom he has been ordered to submit himself for mental examination or observation pursuant to subsection (3) shall, within forty-two days of such detention or submission, prepare and transmit to the court ordering the detention or submission, a written report on the mental condition of the accused stating whether in his opinion the accused is of unsound mind and
consequently incapable of making his defence.

(5) On the receipt by the court of the written report provided for by subsection (4) it shall resume its inquiry into the question of the unsoundness of mind of the accused and may admit as evidence for this purpose any such written report purporting to be signed by the medical officer who prepared it unless it is proved that the medical officer purporting to sign it in fact did not sign it.

(6) Where the court having considered any written report admitted in evidence under subsection (5) and any other evidence that may be available to it regarding the state of mind of the accused is of the opinion that the accused is of unsound mind and consequently incapable of making his defence it shall record a finding to that effect, postpone further proceedings in the case, order the accused to be detained as a criminal lunatic in a mental hospital or other suitable place of custody until released or otherwise dealt with in the manner provided for in sections 217 or 218.

(7) Where the written report required by subsection (4) is to the effect that the accused is of sound mind and capable of making his defence,proceedings shall be resumed as provided for by section 218.


217.-(1) Where an accused person detained in pursuance of a warrant issued under section 216 or section 281 is found by the medical officer in whose charge he is to have recovered his soundness of mind sufficiently to be capable of making his defence, the medical officer shall forthwith forward to the respective court a certificate stating therein also whether the accused would, but for the charge against him, be fit to stand trial, and a certified copy of such certificate to the Director of Public Prosecutions.

(2) Where the Director of Public Prosecutions intends to continue proceedings against the accused, he may within fourteen days from the date of receiving a certified copy of a certificate issued under subsection (1), inform the court which issued the warrant under section 216 or 218 that he wishes to continue proceedings against the accused.

(3) Where the court receives a certificate provided for in subsection (1), or where the court is informed by the Director of Public Prosecutions that the Republic intends to continue proceedings against the accused, it shall order removal of the person from the place where he is detained and shall cause him to be brought before it in the manner provided by section 218.

(4) Where the court is informed by the Director of Public Prosecutions that the Republic does not intend to continue proceedings against the accused, the court shall–

(a) in cases where the certificate provided for in subsection (1) states that the accused is fit for unconditional discharge forthwith, make an order for his discharge; or
(b) in all other cases, record the fact that proceedings have been discontinued, discharge the accused of the charge and forthwith proceed to deal with him under section 8 of the
Mental Diseases Act as a person deemed to have been brought before it under that Act.

(5) Notwithstanding the provisions of subsection (4), any discharge of the accused pursuant to this section shall not operate as a bar to any subsequent proceedings against him on account of the same facts.


218.-(1) Whenever a written report under subsection (4) of section 216 or information under subsection (3) of section 217 is received by the court, it shall, subject to subsection (4) resume the trial and require the accused to appear or be brought before it.

(2) Where proceedings are resumed under subsection (1) the court shall, in all cases where the proceedings are resumed by virtue of subsection (3) of section 217, proceed to hear the case de novo, and in any other case it may in its discretion treat the case as partly heard and may then proceed to hear further evidence in the case.

(3) Any written report given under subsection (4) of section 216 or the production of a certificate issued under subsection (1) of section 217, it may, if still not satisfied that the accused is of sound mind and capable of making his defence record a finding to that effect and proceed to make a fresh order under subsection (6) of section 216.


219.-(1) Where any act or omission is charged against any person as an offence and it is intended at the trial of that person to raise the defence of insanity, that defence shall be raised at the time when the person is called upon to plead.

(2) If, on the evidence on record, it appears to the court that the accused did the act or made the Commission charged but was insane so as not to be responsible for his action at the time when the act was done or the omission was made, the court shall make a special finding to the effect that the accused did the act or made the omission charged but by reason of his insanity, is not guilty of the offence.

(3) When a special finding pursuant to subsection (2), is made by the court it shall–

(a) where the person against whom a special finding is made was charged with an offence under the Penal Code involving physical violence or damage to property for which, but for his insanity, at the time of doing the act or making the omission he would on conviction be liable to sentence of death or to suffer imprisonment for a term not less than seven years, order the person to be kept in a mental hospital, prison or other suitable place of custody as a criminal lunatic; or
(b) in any other case, in its discretion, either proceed to deal with the person under section 8 of the Mental Diseases Act or discharge or otherwise deal with him, subject to such conditions as his remaining under supervision in any place or by any person and to such other condition for ensuring his safety and welfare and that of the public as the court shall think fit.

(4) The superintendent of a mental hospital, prison or other place in which any criminal lunatic is detained by an order of the court under subsection (3)(a), shall make a report in writing to the Minister of the condition, history and circumstances of any such lunatic at the expiration of a period of three years from the period of the court's order and thereafter at the expiration of a period of two years from the date of the last report.

(5) On the consideration of a report under subsection (5), the Minister may order that the criminal lunatic be discharged or otherwise dealt with, subject to such conditions as to his remaining under supervision in any place or by any person and to such other conditions for ensuring the safety and welfare of the criminal lunatic and the public, as the Minister shall think fit.

(6) Notwithstanding the provisions of subsection (4) of this section, any person authorised by the Minister may at any time, after a criminal lunatic has been detained, report to the Minister on the condition, history and circumstances of that criminal lunatic and the Minister, on consideration of the report, may order that the criminal lunatic be discharged or otherwise dealt with, subject to such conditions as to his remaining under supervision in any place or by any person and to such other conditions for ensuring the safety and welfare of the said criminal lunatic and the public as the Minister shall think fit.

(7) The court may, at any time, order that a criminal lunatic be transferred from a mental hospital to a prison or from any place in which he is detained or remains under supervision to either a prison or a mental hospital.


220.-(1) Where any act or omission is charged against any person as an offence and it appears to the court during the trial of such person for that offence that such person may have been insane so as not to be responsible for his action at the time when the act was done or omission made, a court may, notwithstanding that no evidence has been adduced or given of such insanity, adjourn the proceedings and order the accused person to be detained in a mental hospital for medical examination.

(2) A medical officer in charge of the mental hospital in which an accused person has been ordered to be detained pursuant to subsection (1) shall, within forty-two days of the detention prepare and transmit to the court ordering the detention a written report on the mental condition of the accused setting out whether, in his opinion, at the time when the offence was committed the accused was insane so as not to be responsible for his action and such written report purporting to be signed by the medical officer who prepared it may be admitted as evidence unless it is proved that the medical officer purporting to sign it did not in fact sign it.

(3) Where the court admits a medical report signed by the medical officer in charge of the mental hospital where the accused was detained the accused and the prosecution shall be entitled to adduce such evidence relevant to the issue of insanity as they may consider fit.

(4) If, on the evidence on record, it appears to the court that the accused did the act or made the omission charged but was insane so as not to be responsible for his action at the time when the act was done or omission made, the court shall make a special finding in accordance with the provisions of subsection (2) of section 219 and all the provisions of section 219 shall apply to every such case.