Cap. 220 Art. 122Provisions where accused found insane.

(1) Where, on the trial of a person by court-martial, it appears to the court that the accused is unfit to stand his trial, the court shall so find; and if the finding is confirmed in accordance with the following provisions of this article the accused shall be kept in custody in Mount Carmel Hospital there to remain in custody and detained according to the provisions of the Mental Health Act, or any other provision of law or enactment applicable to the case, and those provisions shall apply to the accused accordingly. For the purposes of this sub-article "unfit to stand trial" means unfit to stand trial by reason of insanity.

(2) Where, on trial of a person by court-martial, it appears to the court that the evidence is such as, apart from any question of insanity, to support a finding that the accused was guilty of any offence, but that at the time of the acts or omissions constituting that offence the accused was insane, the court shall find that the accused was not guilty of that offence by reason of insanity, and thereupon the accused shall be kept in custody in Mount Carmel Hospital there to remain in custody and detained according to the provisions of the Mental Health Act, or any other provision of law or enactment applicable to the case, and those provisions shall apply to the accused accordingly.

(3) A finding under sub-article (1) shall not have effect unless and until the finding has been confirmed by an officer who would have had power to confirm a finding of guilty come to by the court-martial in question and has been promulgated.

(4) Where, on the trial of a person by court-martial, the question arises (at the instance of the defence or otherwise) whether the accused is unfit to stand his trial, the following provisions shall have effect:

(a) the court, if having regard to the nature of the supposed disability the court is of opinion that it is expedient to do so and in the interests of the accused, may postpone consideration of the question until any time up to the opening of the case for the defence and if before the question falls to be determined by it, the court finds the accused not guilty of the charge or each of the charges on which he is being tried, the question shall not be determined;

(b) subject to paragraph (a) above, the question shall be determined as soon as it arises;

(c) where the accused is found unfit to stand his trial, the trial shall not proceed or further proceed, but if the question is determined at a time later than on arraignment the confirming officer or reviewing authority may substitute a finding of not guilty (other than finding of not guilty by reason of insanity), if of opinion that the court should before that time have come to such a finding.

(5) The provisions of this Act as to revision, confirmation and review (and in particular the provisions of this Act which confer power to substitute for any finding any other finding which could have been come to by the court-martial in question) apply in relation to such findings as are provided for by sub-article (2) as those provisions apply in relation to findings of guilty.

(6) Where the confirming officer or reviewing authority substitutes for a finding of not guilty by reason of insanity a finding of guilty of an offence, the confirming officer or reviewing authority shall have the like power of sentencing the accused and other powers as the court-martial would have had on the like finding of guilty, and any sentence imposed shall be promulgated and have effect as would a sentence duly substituted by the confirming officer or the reviewing authority for a sentence of the court-martial.

(7) Where in pursuance of a finding of not guilty by reason of insanity a person is detained for reasons of mental health, and the reviewing authority quashes the finding (without substituting another finding) then, if the reviewing authority is of opinion -

(a) that the person in question is suffering from mental disorder of a nature or degree which warrants his detention in a hospital under observation (with or without other medical treatment) for at least a limited period; and

(b) that he ought to be so detained in the interest of his own health or safety or with a view to the protection of other persons, the reviewing authority shall make an order for his continued detention; and the order shall be sufficient authority for him to be detained, and he shall be so detained according to the foregoing provisions of this article as if the findings had not been quashed.

Functions of Attorney General in relation to courts-martial