Criminal Procedure.
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, otherwise as he may think proper.
or
[76
Pregnancy and Infanticide.
[CAP. 221
:
an
offence
79. (1) Where a woman convicted of an offence punishable with death is found in accordance with the provisions of this section to be pregnant, the sentence to be passed on her shall be sentence of imprisonment for life instead of sentence of death.
(2) Where any such woman alleges that she is pregnant, or where the court before whom she is convicted thinks fit so to direct, before sentence is passed two or more medical practitioners shall be sworn and shall examine the woman in some private place, either together or successively, and shall inquire whether she is pregnant or not. If on the report of any of such medical practitioners it appears to the court that the woman is pregnant sentence of death shall not be passed upon her.
(3) No jury de ventre inspiciendo shall be empanelled or sworn in any such case.
(4) Where on proceedings under subsection (2) the court finds that the woman in question is not pregnant, and passes sentence of death, the woman may appeal to the Full Court under section 82, and that court, if satisfied for any reason that the finding should be set aside, shall quash the sentence passed on such woman and shall pass instead sentence of imprisonment for life.
(5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she is quick with child.
[77
Proceedings in case of expectant mother convicted of capital offence. 21 & 22 Geo. 5, c. 24.
163
Criminal Procedure.
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, otherwise as he may think proper.
or
[76
Pregnancy and Infanticide.
[CAP. 221
:
an
offence
79. (1) Where
convicted of woman a punishable with death is found in accordance with the pro- visions of this section to be pregnant, the sentence to be passed on her shall be sentence of imprisonment for life instead of sentence of death.
(2) Where any such woman alleges that she is pregnant, or where the court before whom she is convicted thinks fit so to direct, before sentence is passed two or more medical practitioners shall be sworn and shall examine the woman in some private place, either together or succes- sively, and shall inquire whether she is pregnant or not. If on the report of any of such medical practitioners it appears to the court that the woman is pregnant sentence of death shall not be passed upon her.
(3) No jury de ventre inspiciendo shall be empanelled or sworn in any such case.
(4) Where on proceedings under subsection (2) the court finds that the woman in question is not pregnant, and passes sentence of death, the woman may appeal to the Full Court under section 82, and that court, if satisfied for any reason that the finding should be set aside, shall quash the sentence passed on such woman and shall pass instead sentence of imprisonment for life.
(5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she is quick with child.
[77
and sentence
Proceedings in case of
expectant
mother capital
convicted of
offence. 21 & 22 Geo. 5, c. 24.
163 -
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