CAP. 75
Criminal Procedure Code
[Rev. 2012]
(5) On consideration of the report, the President may order that the person so
detained be discharged or otherwise dealt with, subject to such conditions as to
his remaining under supervision in any place or by any person, and to such other
conditions for ensuring the safety and welfare of the person in respect of whom the
order is made and of the public, as the President thinks fit.
(6) Notwithstanding the subsections (4) and (5), a person or persons thereunto
empowered by the President may, at any time after a person has been detained by
order of the President under subsection (3), make a special report to the Minister
for transmission to the President, on the condition, history and circumstances of the
person so detained, and the President, on consideration of the report, may order
that the person be discharged or otherwise dealt with, subject to such conditions as
to his remaining under supervision in any place or by any person, and to such other
conditions for ensuring the safety and welfare of the person in respect of whom the
order is made and of the public, as the President thinks fit.
(7) The President may at any time order that a person detained by order of the
President under subsection (3) be transferred from a mental hospital to a prison or
from a mental hospital, or from any place in which he is detained or remains under
supervision to either a prison or a mental hospital.
[Act No. 22 of 1959, s. 16, Act No. 13 of 1967, First Sch., L.N. 124/1964.]
167. Procedure when accused does not understand proceedings
(1) If the accused, though not insane, cannot be made to understand the
proceedings—
(a) in cases tried by a subordinate court, the court shall proceed to hear
the evidence, and, if at the close of the evidence for the prosecution,
and, if the defence has been called upon, of any evidence for the
defence, the court is of the opinion that the evidence which it has
heard would not justify a conviction, it shall acquit and discharge the
accused, but if the court is of the opinion that the evidence which it
has heard would justify a conviction it shall order the accused to be
detained during the President’s pleasure; but every such order shall
be subject to confirmation by the High Court;
(b) in cases tried by the High Court, the Court shall try the case and at the
close thereof shall either acquit the accused person or, if satisfied that
the evidence would justify a conviction, shall order that the accused
person be detained during the President’s pleasure.
(2) A person ordered to be detained during the President’s pleasure shall be
liable to be detained in such place and under such conditions as the President may
from time to time by order direct, and whilst so detained shall be deemed to be in
lawful custody.
(3) The President may at any time of his own motion, or after receiving a
report from any person or persons thereunto empowered by him, order that a
person detained as provided in subsection (2) be discharged or otherwise dealt
with, subject to such conditions as to the person remaining under supervision in
any place or by any person, and such other conditions for ensuring the welfare of
the detained person and the public, as the President thinks fit.
[Issue 1]
C44 - 64
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