180 Laws of Malaysia Act 593 definite conclusion he shall so certify to the Public Prosecutor, and the Public Prosecutor may order that person to be detained in that psychiatric hospital for a further period not exceeding two months. The Medical Director of a psychiatric hospital may, notwithstanding anything in the *Mental Health Act 2001 [Act 615] contained, detain any accused person in respect of whom an order has been made under this subsection for a period not exceeding the period specified in the order. Certificate of Medical Director 343. (1) If the Medical Director shall certify that the accused person is of sound mind and capable of making his defence the Judge or Magistrate shall proceed with the trial. (2) If the Medical Director shall certify that that person is of unsound mind and incapable of making his defence the Court shall, if satisfied of the fact, find accordingly, and thereupon the trial shall be postponed. (3) The certificate of the Medical Director shall be receivable as evidence under this section. (4) If the accused person is certified to be of unsound mind and incapable of making his defence it shall not be necessary for him to be present in Court during proceedings under this section. Release of person of unsound mind pending investigation or trial 344. (1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Judge or Magistrate, if the offence charged is bailable, may, in his discretion, release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Judge or Magistrate or such officer as the Judge or Magistrate appoints in that behalf. *NOTE—Mental Disorders Ordinance 1952 [Ord. 31/1952] has been repealed by Mental Health Act 2001 [Act 615], w.e.f. 15 June 2010.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents