Section 117: Defence of Insanity on Trial

(1)Where any act or omission is charged against any person as an offence, and it is given in evidence on the trial of the person for that offence that he or she was insane so as not to be responsible for his or her action at the time when the act was done or omission made, then if it appears to the court before which the person is tried that he or she did the act or made the omission charged but was insane at the time when he or she did the act or made the omission, the court shall make a special finding to the effect that the accused is not guilty of the act or omission charged by reason of insanity.

(2)When the special finding is made under subsection (1), the court shall report the case for the order of the Minister, and shall meanwhile order the accused to be kept in custody as a criminal lunatic in such place and in such manner as the court shall direct.

(3)The Minister may order any such person to be confined in a mental hospital, prison or other suitable place of safe custody.

(4)The superintendent of a mental hospital, prison or other place in which any criminal lunatic is detained by an order of the Minister under subsection (3) shall make a report to the Minister of the condition, history and circumstances of every such lunatic at the expiration of three years from the date of the Minister’s order and thereafter at the expiration of periods of two years from the date of the last report.

(5)On the consideration of any such report the Minister may order that the criminal lunatic be discharged or otherwise dealt with.

(6)Notwithstanding subsections (4) and (5), the Commissioner General of Prisons or the chief medical officer may, at any time after a criminal lunatic has been detained in any place by an order of the Minister, make a special report to the Minister on the condition, circumstances and history of any such criminal lunatic; and the Minister, on a consideration of any such report, may order that the criminal lunatic be discharged or otherwise dealt with.

(7)The Minister may at any time order that a criminal lunatic be transferred from a mental hospital to a prison or from a prison to a mental hospital or from any place in which he or she is detained to either a prison or a mental hospital.