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Section history

Section 249 — Release of person of unsound mind pending investigation or trial

As in force on 1 June 2021.

Timeline 7 versions
  1. 2 January 2011 Enacted
  2. 1 June 2021 You are here
  3. 31 December 2021 Revised edition
  4. 15 November 2022 Act 19 of 2018
  5. 26 June 2023 Act 3 of 2020
  6. 14 February 2025 Act 5 of 2024
  7. 5 December 2025 Act 19 of 2025
  8. 17 August 2026 Latest
249.Release of person of unsound mind pending investigation or trial

(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.