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(1)If the accused, though not insane, cannot be made to understand the proceedings—
(a)in cases triable by a magistrate’s court, the court shall proceed to hear all the evidence available both for the prosecution and the defence and if satisfied that the accused is guilty of the offence charged shall order him or her to be detained in safe custody pending an order made by the Minister under subsection (3), in such place and manner as it thinks fit;
(b)in cases triable only by the High Court, a magistrate’s court with jurisdiction to hold preliminary proceedings shall, after complying with such of the provisions of section 168 as the circumstances allow, commit the accused to the High Court for trial under that section.
(2)Where an order has been made under subsection (1), the High Court or magistrate’s court, as the case may be, shall transmit the court record, or a certified copy of that record, to the Minister.
(3)Upon consideration of the record transmitted to him or her under subsection (2), the Minister may by order under his or her hand direct that the person convicted shall be detained in such prison or other place of custody as may be specified in the order or that the person be released.
(4)Any order made under subsection (3), other than an order directing the release of a person convicted, may at any time be varied or discharged by the Minister and—
(a)the order so made shall be sufficient authority for the removal of the person to whom it relates to the place of detention specified in the order so made or varied and for his or her detention there; or
(b)any person removed or detained under the authority of any such order shall be deemed to be in lawful custody.
A person accused of a crime who is not insane but cannot understand the proceedings must still go through the court process. In a magistrate’s court, ...
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