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*NOTE—Mental Disorders Ordinance 1952 [Ord. 31/1952] has been repealed by Mental Health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.
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