Section 316
Certificate of medical officer
(1)
If the medical officer shall certify that the accused person is of sound mind and capable of making his defence, the Court shall proceed with the inquiry or trial.
a
(2)
If the medical officer shall certify that the person is of unsound mind and incapable of making his defence, the Court shall, if
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Criminal Procedure Code satisfied of the fact, find accordingly, and thereupon the inquiry or trial, as the case may be, shall be postponed.
(3)
The certificate of the medical officer shall be receivable as evidence under this section, but the Court may require the personal attendance of the medical officer.
(4)
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 proceedings under this Chapter.
Release of person of unsound mind pending investigation or trial 317.
(1)
Whenever an accused person is found to be of unsound mind and incapable of malung his defence, the Court, if the offence charged is bailable, may in its discretion release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Court or such officer as the Court appoints in that behalf or -
(a)
in the case of a Court of a Magistrate, remand him to a prison or hospital or other suitable place of safe custody and refer the case to a Judge who may -
(i)
release him on security being given as provided in this subsection;
(ii)
make further enquiry or direct that further enquiry be made or order him to be tried; or
(iii)
order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary to the Office of the
Prime Minister*;
(b)
in the case of the High Court, order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary to the Office of the
Prime Minister* but without prejudice to the provisions of section 323.
Transferred from the Minister of Law to the Permanent Secretary, Office of the Prime Minister, with effect from 26th July 1983 -
Criminal Procedure Code
CAP. 7 175
(2)
If the offence charged is non-bailable, the Court -
(a)
in the case of a Court of a Magistrate, shall remand the accused person to a prison or hospital or other suitable place of safe custody and refer the case to a Judge who may -
(i)
release him on security being given as provided in subsection (1);
(ii)
make further enquiry or direct that further enquiry be made or order him to be tried; or
(iii)
order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary to the Office of the
Prime Minister*;
(b)
in the case of the High Court -
(i)
release him on security being given as provided in subsection (1); or
(ii)
order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary to the Office of the
Prime Minister*.
(3)
Where any case is reported to the Permanent Secretary to the
Ofice of the Prime Minister* under the provisions of subsection (1) or (2), the Permanent Secretary to the Office of the Prime Minister* shall order the accused person to be confined in a psychiatric facility, prison or other suitable place of safe custody during the pleasure of His Majesty the Sultan and Yang Di-Pertuan.
Inquiry or trial 3 18. When the accused has been released under section 3 17, the Court may at any time require him to appear or be brought before it and may again proceed under section 3 1 5.