CO129-527-10 Procedure in cases of people found guilty but insane 10-7-1930 - 17-10-1930 — Page 11

CRIMINAL PROCEDURE ORDINANCE, NO. 9 OF 1899.

X

X

X

X

X

X

X

X

11

Arraignment and trial of insane person.

74.-(1) If an accused person appears, either before

or on arraignment, to be insane, the court may order a

jury to be empanelled to try the sanity of such person,

and the jury shall thereupon, after hearing evidence for

that purpose, find whe ther such person is or is not insane

and unfit to take his trial.

(2) If, during the trial of an accused person, such

person appears, after the hearing of evidence to that

effect or otherwise, to the jury charged with the

indictment to be insane, the court shall in such case direct

the jury to abstain from finding a verdict upon the

indictment and, in lieu thereof, to return a verdict that

such person is insane: Provided that 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, so as not to be responsible, according

to law, for his actions at the time when the act was done

or the omission made, 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.

76.-(1) When any person is found to be insane under

the