Section 113: Inquiry into Accused's Mental Health

(1)When in the course of a trial or preliminary proceedings a magistrate’s court has reason to believe that the accused is suffering from mental illness and consequently incapable of making his or her defence, it shall inquire into the fact of that mental illness.

(2)If the court is of opinion that the accused is suffering from mental illness and consequently incapable of making his or her defence, it shall postpone further proceedings in the case.

(3)If the case is one in which bail may be taken, the court may release the accused person on sufficient security being given that he or she will be properly taken care of and prevented from doing injury to himself or herself or to any other person, and for his or her appearance before the court or such officer as the court may appoint for that purpose.

(4)If the case is one in which bail may not be taken, or if sufficient security is not given, the court shall order the accused to be detained in safe custody in such place and manner as it may think fit and shall transmit the court record or a certified copy of it to the Minister.

(5)Upon consideration of the record the Minister may, by warrant under his or her hand directed to the court, order that the accused may be confined as a criminal lunatic in a mental hospital or other suitable place of custody; and the court shall give any directions necessary to carry out that order.

(6)Any warrant of the Minister under subsection (5) shall be sufficient authority for the detention of the accused person until the Minister shall make a further order in the matter or until the court finding him or her incapable of making his or her defence shall order the accused person to be brought before it again in the manner provided by sections 114 and 115.