CAP. 221]
[s. 75 cont.]
Procedure
where accused person appears to be insane.
Special verdict where accused person found guilty, but insane at time of offence.
47 Vict. c. 38, s. 2 (1).
Provision for custody of accused person as in case of any person convicted, and the order for payment of such amount may be enforced in such and the same manner as in the case of any costs or expenses ordered by the court to be paid under section 74.
Arraignment and trial of insane person.
[73
76. (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.
[74
77. 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.
[75
78. (1) When any person is found to be insane under the provisions of section 76, or has a special verdict found against him under the provisions of section 77, the court shall direct the finding of the jury to be recorded, and
46 & 47 Vict. c. 38, s. 2 (2).
162
CAP. 221]
[s. 75 cont.]
Procedure
where
accused
person
appears to .be insane.
Special
verdict where accused
person found
guilty, but insane at time of
offence.
47 Vict.
c. 38, s. 2 (1).
Provision
for custody of accused person
Criminal Procedure.
as in
convicted, and the order for payment of such amount may be enforced in such and the same manner the case of any costs or expenses ordered by the court to be paid under section 74.
Arraignment and trial of insane person.
[73
76. (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.
[74
77. 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 [75 same.
78. (1) When any person is found to be insane under the provisions of section 76, or has a special verdict found. found insane. against him under the provisions of section 77, the court 38, s. 2 (2). shall direct the finding of the jury to be recorded, and
46 & 47 Vict.
162
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