930
No. 9 of 1899.
Procedure where accused person appears on arraignment or during trial, to be insane.
Special verdict where accused person found guilty, but insane at time of offence.
[46 & 47 Vict. c. 38 s. 2 (1).]
Provision for custody of accused person found insane.
L
CRIMINAL PROCEDURE.
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 whether 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) Where 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 the last section, 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.
* As amended by No. 50 of 1911, No. 51 of 1911 and No. 1 of 1912.
930
No. 9 of 1899.
Procedure where
accused per- son appears on arraign. ment or
during trial, to be insane.
Special verdict where
accused per son found guilty, but
insane at time
of offence.
[46 & 47 Vict. c. 38 s. 2 (1).]
Provision for custody of accused per- son found insane.
L
CRIMINAL PROCEDURE.
Arraignment and Trial of Insane Person.
74.-(1) If an accused person appears, either before or on arraign- ment, 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 whether 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 bearing 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 indict- ment 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) Where any person is found to be insane under the pro- visions of section 74, or has a special verdict found against him under the provisions of the last section, the Court shall direct the [ib. s. 2 (2).] 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.
* As amended by No. 50 of 1911, No. 51 of 1911 and No. 1 of 1912.
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