ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006
PART VII - SUPPLEMENTARY PROVISIONS
CHAPTER 1 - PERSONS OF UNSOUND MIND
Section 180. Procedure where accused is suspected to be of unsound mind
(1) When a Judge holding or enquiry of 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.
(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 Government Medical Officer to the effect that such accused 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 Government Medical Officer on the state of mind of such accused person.
(3) If the Judge is not satisfied that such person is capable of making his defence, such Judge may postpone the inquiry or trial and shall remand such person for a period not exceeding one month to be detained for observation in any mental hospital in Malaysia.
(4) The Medical Superintendent of the mental hospital shall keep such person under observation during the period of his remand and, before the expiry of such period-
(a) he shall certify under his hand to the Court his opinion as to the state of mind of such person; or
(b) 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 which may extend to a period of two months.
(5) The 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; and the Medical Superintendent of such mental hospital shall keep such person under observation during such period and before the expiry of such period shall certify under his hand to the Syariah Prosecutor his opinion as to the state of mind of such person; and if the Medical Superintendent is unable within such period to form any definite conclusion, he shall so certify to the Syariah Prosecutor and the 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 in the Mental Disorders Ordinance 1952 [Ord. 31/52], detain any accused person in respect of whom an order has been made under subsection (5) for a period not exceeding the period specified in such order.
(7) 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.
(8) If the Medical Superintendent certifies that the accused person is of unsound mind and incapable of making his defence, the Court shall, if satisfied of the fact, find accordingly and thereupon the trial shall be postponed.
(9) The certificate of the Medical Superintendent shall be receivable as evidence under this section.
(10) 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 during the proceedings under this section and the Court may order his discharge or acquittal.
(11) In this section, the words “mental hospital” means a mental hospital established or maintained under Mental Disorders Ordinance 1952 [Ord. 31/52].
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