(1)If a person is confined under section 249 and is certified by the 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.
Section history
Section 254 — Procedure when person of unsound mind reported able to make defence
As in force on 1 January 2020.
Timeline 6 versions
(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(b)the charge against the person is withdrawn at any time after the commencement of the trial,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(c)the charge against the person is withdrawn at any time after the commencement of the trial,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.