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Section history

Section 254 — Procedure when person confined under section 249 or released under section 249 or 255(1) is reported able to make defence

Consolidated view is experimental and may be broken for certain provisions.

Amendments
254.Procedure when person of unsound mindconfined under section 249 or released under section 249 or 255(1) is is reported able to make defence

(1)If a person is confined under section 249 and, who is confined pursuant to an order under section 249(9)(b) or (c)(i) or released pursuant to an order under section 249(2) or (9)(c)(ii) or 255(1)(b), is certified by athe principal officer and 2 of the visitors of the psychiatric institution to be capable of making his or her defence, the court must proceed with the inquiry or trial or other proceeding,proceeding as(as the case may be,be) and the certificate shall beis admissible as evidence.

(2)Where after the trial is proceeded with against the person referred tomentioned 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(b)the charge against the person is withdrawn at any time after the commencement of the trial,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).2008.

Subsection (3) — Original text to 15 November 2022superseded

(3)Where after the trial is proceeded with against the person referred tomentioned 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(c)the charge against the person is withdrawn at any time after the commencement of the trial,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 beis deemed to have lapsed.

Subsection (3) — From 15 November 2022 (current)rewritten by Criminal Justice Reform Act 2018

(3)An order made by the court under section 249(2) or by the Minister under section 249(9)(b) or (c)(i) or (ii) or 255(1)(b) —

(a)remains in force while the trial is proceeded with against a person mentioned in subsection (1); and

(b)lapses only after —

(i)the person is convicted of an offence, or is acquitted, at the end of the trial; or

(ii)the charge against the person is withdrawn at any time after the commencement of the trial.