ENACTMENT NO. 4 OF 1994 CRIMINAL PROCEDURE (SYARIAH) CODE 1994
PART VI - SPECIAL PROVISIONS CHAPTER 20 - PERSONS OF UNSOUND MIND
Section 170. Procedure where accused is suspected to be of unsound mind.
(1) When a Judge holding a trial has reason to suspect that the accused person is of unsound mind and consequently incapable of making his defence, he shall in the first instance investigate the fact of such unsoundness of mind.
(2) At such investigation it shall not be necessary for the accused person to be present and the Judge may receive as evidence a certificate in writing signed by a Medical Officer to the effect that such person is in his opinion of unsound mind or is a proper person to be detained for observation in a mental hospital, or if he sees fit such Judge may take oral evidence from a Medical Officer on the state of mind of such person.
(3) If the Judge is not satisfied that such person is capable of making his defence, he may postpone the trial and shall remand such person for a period not exceeding one month to be detained for observation in a mental hospital. Such remand order shall be in Form 10 set out in the Schedule.
(4) The Medical Superintendent of the said mental hospital shall keep such person under observation during the period of his remand and before the expiry of such period shall certify in writing to the Court his opinion as to the state of mind of such person. If he is unable within the period to form any definite conclusion, he shall so certify to the Court and shall ask for a further remand. Such further remand may not exceed a period of two months.
(5) The Chief Syariah Prosecutor may, at any stage of any proceedings prior to the trial, order that any accused person whom he suspects to be of unsound mind be sent to a mental hospital for observation for a period not exceeding one month. The Medical Superintendent of such mental hospital shall keep such person under observation during the said period and before the expiry of the said period shall certify in writing to the Chief Syariah Prosecutor his opinion as to the state of mind of such person. If the said Medical Superintendent is unable within the said period to form any definite conclusion he shall so certify to the Chief Syariah Prosecutor and the Chief Syariah Prosecutor may order such person to be detained in such mental hospital for a further period not exceeding two months.
(6) The Medical Superintendent of a mental hospital may, notwithstanding anything contained in the Mental Disorders Ordinance 1952, detain any accused person in respect of whom an order has been made under this section for a period not exceeding the period specified in such order.
(7) If the Medical Superintendent certifies that the accused person is of unsound mind and incapable of making his ddence, the Court shall, if it is satisfied of the fact, order that he be released to the custody of any person, on any condition it deems fit, for his appearance in Court at any time to be determined.
(8) If the Medical Superintendent certifies that the accused person is of sound mind and capable of making his defence, the Judge shall proceed with the trial.
(9) Notwithstanding the provisions of subsection (8) if the Medical Superintendent certifies that the accused person, at the time of the commission of the alleged offence, was by reason of unsoundness of mind incapable of knowing the nature of his act or constituting the offence or that it was wrong or contrary to law, and the Court is satisfied that the person committed the act alleged, the Court may in its discretion, release the person to the custody of or under the supervision of any person on any condition as the Court deems fit or acquit him.
(10) The certificate of the Medical Superintendent shall be receivable as evidence under this section. If the accused person is certified to be of unsound mind and incapable of making his defence, it shall not be necessary for him to be present in Court in any of the above mentioned proceedings.
(11) In this section the words "mental hospital" means a mental hospital established or maintained under the provisions of the Mental Disorders Ordinance 1952.