902
No. 9 of 1899.
Special verdict where accused person found insane.
46 & 47 Vict.
CRIMINAL PROCEDURE.
a verdict under this section shall not affect the trial of any person so found to be insane for the offence for which he was indicted in case he subsequently becomes of sound mind.
75. Where in an indictment any act or omission is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that he was insane, but guilty, at the time when the act was done or the omission made, so as not to be responsible, according to law, for his actions at the time of the offence, c. 38, s. 2 (1). then, if it appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict to the effect that the accused person was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did or made the same,
Provision for custody of accused person found insane.
46 & 47 Vict. c. 38, s. 2 (2).
*
Motion in arrest of execution by pregnant woman sentenced to death.
76.--(1) When any person is found to be insane under the provisions of section 74, or has a special verdict found against him under the provisions of section 75, the court shall direct the finding of the jury to be recorded, and thereupon the court may order such person to be detained in safe custody, in such place and manner as the court thinks fit, until His Majesty's pleasure shall be known.
(2) The judge shall immediately report the finding of the jury and the detention of such person to the Governor, who shall order such person to be dealt with as a lunatic under the laws for the care and custody of lunatics, or otherwise as he may think proper.
Sentence of death upon pregnant woman.
77.-(1) If sentence of death is passed upon any woman, she may move in arrest of execution on the ground that she is pregnant. If such a motion is made, the court shall direct two or more medical practitioners to be sworn to examine the woman in some private place, either together or successively, and to inquire whether she is with child of a quick child or not. If, on the report of any of them, it appears to the court that she is so with child, execution shall be arrested until she is delivered of a child, or until it is no longer possible in the course of nature that she should be so delivered.
(2) No jury de ventre inspiciendo shall be empanelled or sworn in any such case.
* As amended by Law Rev. Ord., 1924.