Section 247
Persons of unsound mind
(1)
If it is made to appear to His Majesty the Sultan and Yang
Di-Pertuan by a report of two of the visiting Justices of the prison in which a prisoner under sentence of death is detained or by a report of the medical officer of such prison or otherwise, that the prisoner is mentally disordered or mentally defective then, without prejudice to any powers vested in His
Majesty the Sultan and Yang Di-Pertuan to grant a pardon, respite or commutation, His Majesty the Sultan and Yang Di-Pertuan shall order that the person be examined forthwith by not less than two medical officers or medical practitioners who shall examine the prisoner and inquire into his mental condition.
(2)
The medical officers or medical practitioners appointed under subsection (1) may in addition to examining the prisoner, consult the prison authorities and make such other inquiries which they think may assist them in reaching conclusions about the prisoner's state of mind and they shall make a report in writing to His Majesty the Sultan and Yang Di-Pertuan and they or the majority of them may certify in writing that he is insane:
Provided that if a Commission has been appointed under subsection (3), then in lieu of making any report, the medical officers or medical practitioners shall give evidence as to the matters aforesaid before such
Commission.
(3)
Whenever His Majesty the Sultan and Yang Di-Pertuan has made an order under subsection (I), he may also in his discretion appoint a
Commission consisting of a Judge or a Magistrate and such number of suitable persons as he shall think fit, or other suitable persons to inquire formally into the question whether the prisoner is mentally disordered or defective or otherwise abnormal or subnormal and whether if the sentence of death is commuted, it is desirable in all circumstances that he should be detained in a psychiatric facility, prison or in some other fit place for safe custody.
(4)
For the purposes of this Code, the chairman of the
Commission shall have all the powers of a Magistrate for the summoning
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and examination of witnesses and the administration of oaths or affirmations and for compelling the production of documents and material objects.
(5)
If after considering the report in subsection (2) of the findings and recommendations of the Commission appointed under subsection (3), it appears to His Majesty the Sultan and Yang Di-Pertuan that the prisoner is insane or that his mental condition is such that if he is detained in a prison there is a danger that he may cause physical injury to himself or others,
His Majesty the Sultan and Yang Di-Pertuan may order that he be confined in such Government psychiatric facility or other suitable place for safe custody as may be specified in the order and if such an order is made, the prisoner shall be confined therein by virtue of this section.