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Defence Act, 1957 (Act No. 44 of 1957)

Schedules

First Schedule

125. Unsoundness of mind upon arraignment or during trial in Republic

 

 

(1) If upon arraignment before a military court in the Republic on a charge of an offence, or at any time during the trial and before the finding, an accused appears to be incapable of understanding the proceedings at the trial, the court shall report the condition of the accused to the magistrate of the district and order that the accused be detained in proper custody until the decision of the magistrate is made known.

 

(2) If such accused is not committed by the magistrate to an institution under the provisions of the Mental Disorders Act, 1916 (Act No. 38 of 1916), he may be charged before the same or some other court.

 

(3) If the accused is not committed by the magistrate to an institution under the provisions of that Act, the charge against him may, in the discretion of the Adjutant-General be withdrawn or may, when the accused is fit to stand his trial, be proceeded with before the same court or be commenced de novo before another court.