CO129-504-15 Various ordinances 4-4-1927 - 29-11-1927 — Page 42

9.

43

Section 8 of this Ordinance repeals section 15 of tha

principal Ordinance and substitutes a new section therefor.

The section in question deals with the treatment of prisoners

of unsound mind.

The language of sub-section (1), which deals with persons

ordered to be detained until His Kājesty's pleasure shall be

known, is assimilated to that of section 76 of the Criminal

Procedure Ordinance, 1899, Ozdinance No.9 of 1899.

Sub-section (2) deals with prisoners who are discovered

during the imprisonment to be of unsound mind. The corrAS-

ponding passage in section 15 of the principal Ordinance deals

only with prisoners who become of unscund mind during their

imprisonment.

Sub-section (3) is similar in terms to part of the repealed

section and deals with the case where a person of unscuni mind

becomes sane during the term of the sentence.

Sub-section (4) deals with the case where the person con-

finel is still of unsound mind at the expiration of his aent-

This was not dealt with in the principal Ordinance.

ence.

If two medical practitioners certify in the prescribed form

that the person in question is still of unsound mind at the

expiration of his sentence he will be detained in an asylum

until he is released by the order of the Governor or discharged

by the medical practitioner in charge of the asylum, or other-

wise released in due course of law.

10.

Section 9 of this Ordinance repeals the Schedule to the

principal Ordinance because, as stated above, the forms will in

future be prescribed by Order in Council.

11. Section 10, postpones the commencement of the Ordinance in order to allow time for forms to be prescribed and printed.

12.

In my opinion this is an Ordinance

to which His Excellency

the Governor may properly assent in the name of His Majesty and

on is behalf.

Mieux

Attorney

General.