(a)he or she will be properly taken care of;
Section history
Section 249 — Release of person of unsound mind pending investigation or trial
As in force on 31 December 2021.
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(1)If an accused is found to be of unsound mind and incapable of making his or her defence, and if the offence charged is bailable, the court may release the accused on sufficient security being given that —
(b)he or she will be prevented from injuring himself or herself or any other person;
(c)he or she 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 must report the case to the Minister who may, in his or her discretion, order the accused to be confined in a psychiatric institution, or any other suitable place of safe custody and the court must 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.