CRIMINAL PROCEDURE.
No. 9 of 1899.
573
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.
where ac- appears, on cused person arraignment or during trial, to be insane. [cf. No. 22 of 1936, s. 15(1).]
insane at
75. Where in an indictment any act or omission is charged Special ver- against any person as an offence, and it is given in evidence dict where on the trial of such person for that offence that he was insane, son found
accused per- so as not to be responsible, according to law, for his actions guilty, but at the time when the act was done or the omission made, then, time of if it appears to the jury before whom such person is tried that offence. he did the act or made the omission charged, but was insane 46 & 47 Vict. as aforesaid at the time when he did or made the same, the (1). jury shall return a special verdict to the effect that the accused [cf. No. 22 person was guilty of the act or omission charged against him, 15(1).] but was insane as aforesaid at the time when he did or made the same.
c. 38, s. 2 of 1936, s.
of accused
76.—(1) When any person is found to be insane under the Provision provisions of section 74, or has a special verdict found against for custody him under the provisions of section 75, the court shall direct person the finding of the jury to be recorded, and thereupon the court found may order such person to be detained in safe custody, in such 46 & 47 Vict. place and manner as the court thinks fit, until His Majesty's c. 38, s. 2 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.
insane.
[cf. No. 22 of 1936.]
CRIMINAL PROCEDURE.
No. 9 of 1899.
573
Arraignment and trial of insane person.
74.—(1) If an accused person appears, either before or on Procedure 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.
where ac- appears, on cused person
arraignment or during trial, to be insane. [cf.
(c. No. 22 15 (1).1
of 1936, s.
insane at
75. Where in an indictment any act or omission is charged Special ver- against any person as an offence, and it is given in evidence dict where on the trial of such person for that offence that he was insane, son found
accused per- so as not to be responsible, according to law, for his actions guilty, but at the time when the act was done or the omission made, then, time of if it appears to the jury before whom such person is tried that offence. he did the act or made the omission charged, but was insane 46 47 Vict. as aforesaid at the time when he did or made the same, the (1). jury shall return a special verdict to the effect that the accused [cf. No. 22 person was guilty of the act or omission charged against him, 15 (1).1 but was insane as aforesaid at the time when he did or made the same.
c. 38, s. 2
of 1936, s.
of accused
76.-(1) When any person is found to be insane under the Provision provisions of section 74, or has a special verdict found against for custody him under the provisions of section 75, the court shall direct person the finding of the jury to be recorded, and thereupon the court found may order such person to be detained in safe custody, in such 46 & 47 Vict. place and manner as the court thinks fit, until His Majesty's c. 38, s. 2 pleasure shall be known.
(2).
(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.
insane.
[cf. No. 22 of 1936.]
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