Section 322

the medical officers certifL that in their opinion the person is capable of making his defence; and

the Public Prosecutor certifies that in his opinion it is in the public interest that the trial of the person shall proceed, he shall be taken before the Court at such time as the Court appoints, and if the Court is satisfied that such person is capable of making his defence, shall proceed with the trial.

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Procedure where person of unsound mind appears to be fit for discharge 324.

If it is made to appear to His Majesty the Sultan and Yang

Di-Pertuan by a medical report under section 322 or otherwise that a person detained or confined under the provisions of section 247, 3 17 or 321, in this section referred to as the patient, may have recovered his sanity and that his discharge may be warranted then, if His Majesty the Sultan and Yang

Di-Pertuan is of the opinion that the discharge of the patient either unconditionally or under the provisions of sections 325 and 325A is warranted, he shall proceed to order his discharge:

Provided that if the patient is confined under the provisions of section 317, this section applies only if the Public Prosecutor shall have informed His Majesty the Sultan and Yang Di-Pertuan that he has declined to certify to the effect mentioned in section 323(b):

Provided further that if the prisoner is confined under the provisions of section 247, His Majesty the Sultan and Yang Di-Pertuan may, in lieu of discharging the prisoner, order that he be transferred to a prison to serve the remainder of any sentence of imprisonment remaining unexpired and that it shall be a condition of any discharge under this subsection that the balance of any sentence of imprisonment shall have been remitted or shall be remitted from a date not later than the date as from which the discharge is to take effect.

For the purposes of assisting him in forming an opinion under subsection (I), His Majesty the Sultan and Yang Di-Pertuan may in his discretion appoint a Commission consisting of a Judge or a Magistrate and such number of suitable persons or other suitable persons, as he shall deem fit, to inquire formally into the question whether the discharge of the patient is warranted.

A Commission appointed under subsection (2) shall sit in camera:

Provided that the patient or his representative and the Attorney General or his representative shall have the right without leave to appear and be heard by the Commission.

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CAP. 7 179

a

Delivery of person of unsound mind to care of relative 325.

Whenever any relative or fhend of any person confined under the provisions of section 247,3 17 or 321 desires that he be delivered over to his care and custody, the Permanent Secretary to the Office of the Prime

Minister*, upon the application of the relative or friend and on his giving security to the satisfaction of the Permanent Secretary to the Office of the

Prime Minister*, that the person delivered shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, may, a in his discretion, order the person to be delivered to the relative or fhend.

Whenever the person is so delivered, it shall be upon condition that he shall be produced for the inspection of such officer and at such times as the Permanent Secretary to the Office of the Prime Minister*

directs.

The provisions of section 322 or 324 shall, mutatis mutandis, apply to persons delivered under the provisions of this section, and the certificate of the inspecting officer appointed under this section shall be receivable as evidence.

Conditional discharge of person who has been of unsound mind 325A.

Whenever the Permanent Secretary to the Office of the Prime

Minister* orders the discharge of a person confined under the provisions of section 247, 317, 321 or under the provisions of this section, it shall be lawful for him to make the discharge conditional upon the compliance by the person with such conditions relating to the further medical observation, care, control or supervision of that person as he may consider desirable in the interest of that person or in the public interest and the contravention of any such condition by that person shall constitute an offence punishable with a fine of $8,000.

a

Upon conviction of that person of an offence under subsection (I), the Magistrate may, if he has any reason to believe that there has been a relapse in the mental condition of that person, in lieu of or in addition to any penalty under subsection (I), order that person to be confined in prison, hospital or in such place as the Magistrate shall think fit.

When any person is confined under the provisions of subsection (2), he shall be visited by two medical officers who shall make a

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180 CAP.7

Criminal Procedure Code report to the Permanent Secretary to the Office of the Prime Minister* on the state of mind of that person.

Upon the receipt of a report under subsection (3), the

Permanent Secretary to the Office of the Prime Minister* may, if the medical officers so recommend, revoke the order by which that person was discharged whereupon that person shall be liable to be dealt with in like manner as if he had never been discharged or shall order that person be discharged.

Chapter JZ7.I

Proceedings in case of certain offences affecting administration of justice