CAP. 75
Criminal Procedure Code
[Rev. 2012]
161. Right of reply
In cases where the right of reply depends upon the question whether evidence
has been called for the defence, the fact that the person charged has been called
as a witness shall not of itself confer on the prosecution the right of reply:
Provided that the Director of Public Prosecutions when appearing personally as
advocate for the prosecution shall in all cases have the right of reply.
PROCEDURE IN CASE OF THE LUNACY OR
OTHER INCAPACITY OF AN ACCUSED PERSON
Inquiry by court as to soundness of mind of accused
(1) When in the course of a trial or committal proceedings the court has reason
to believe that the accused is of unsound mind and consequently incapable of
making his defence, it shall inquire into the fact of unsoundness.
(2) If the court is of the opinion that the accused is of unsound mind
and consequently incapable of making his defence, it shall postpone further
proceedings in the case.
(3) If the case is one in which bail may be taken, the court may release the
accused person on sufficient security being given that he will be properly taken care
of and prevented from doing injury to himself or to any other person, and for his
appearance before the court or such officer as the court may appoint in that behalf.
(4) If the case is one in which bail may not be taken, or if sufficient security
is not given, the court shall order that the accused be detained in safe custody in
such place and manner as it may think fit, and shall transmit the court record or a
certified copy thereof to the Minister for consideration by the President.
(5) Upon consideration of the record the President may by order under his hand
addressed to the court direct that the accused be detained in a mental hospital or
other suitable place of custody, and the court shall issue a warrant in accordance
with that order; and the warrant shall be sufficient authority for the detention of the
accused until the President makes a further order in the matter or until the court
which found him incapable of making his defence orders him to be brought before
it again in the manner provided by sections 163 and 164.
[Act No. 22 of 1959, s. 15, Act No. 13 of 1967, First Sch., L.N. 124/1964,
Act No. 13 of 1982, First Sch.]
163. Procedure where person of unsound mind subsequently found capable
of making defence
(1) If a person detained in a mental hospital or other place of custody under
section 162 or section 280 is found by the medical officer in charge of the mental
hospital or place to be capable of making his defence, the medical officer shall
forthwith forward a certificate to that effect to the Director of Public Prosecutions.
[Issue 1]
C44 - 62
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