Cap. 9 Art. 620Allegation of insanity or other points of fact.

(1) Any allegation of insanity, or of any point of fact, by reason of which, if true, the person accused would not, at the time or at any future time, be called upon to plead to the indictment, or be put on trial, or made to undergo punishment, shall first be determined by a jury.

(2) Where any person after having obtained a conditional commutation of his sentence is, by the Executive Police, on account of the violation of the condition for the commutation of such sentence, again taken to prison or placed in the same state in which he was prior to such commutation, in order to undergo or continue to undergo his sentence, any allegation of fact made by such person by reason of which, if true, the said condition as literally expressed in the act of pardon would not be deemed to be broken, shall also be determined by a jury.

(3) Any allegation referred to in this article shall be brought before the Criminal Court by an application.

(4) On any such application, the court shall make an order, appointing a day for hearing the applicant and the Attorney General, causing them to be served with a copy of such order.