Syariah Courts Criminal Procedure Code · s 307

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307.
Procedure where accused is suspected to be of unsound mind
(1) When a Syar'ie Judge holding an inquiry or a trial has reason to suspect that the accused person is of unsound mind and consequently incapable of making his defence, he shall in the first instance investigate into the fact of such unsoundness.
(2) At such investigation it shall not be necessary for the accused person to be present and the Syar'ie Judge may receive as evidence a certificate in writing by a medical officer to the effect that such accused person is in his opinion of unsound mind or is a proper person to be detained for observation in a suitable place of safe custody or, if he sees fit, such
Syar'ie Judge may take oral evidence from a medical officer on the state of mind of such accused person.
(3) If the Syar'ie Judge is satisfied that such person is incapable of making his defence, he may postpone the inquiry or trial and shall remand him for a period not exceeding 30 days to be detained for observation in any suitable place of safe custody.
(4) The medical officer of the place of safe custody shall keep such person under observation during the period of his remand and before the expiry of such period shall certify under his hand to the Syariah Court his opinion as to the state of mind of such person. If he is unable to form any definite conclusion as to the state of mind of such person, he may certify so to the Syariah Court and ask for a further remand. Such further remand may extend to a period of 2 months.
(5) The Syar'ie Prosecutor may, at any stage of the proceedings prior to the trial, apply to the Syar'ie Judge to hold an inquiry in accordance with the procedure of this section on any accused person suspected to be of unsound mind.
(6) If the medical officer shall certify that the accused person is of sound mind and capable of making his defence, the Syar'ie Judge shall a proceed with the inquiry or trial, as the case may be.
(7) If the medical officer shall certify that such person is of unsound mind and incapable of making his defence aid the syariah Court is satisfied

Syariah Courts 168 CAP.
Criminal Procedure Code of the fact, it shall not be necessary for the Syariah Court to call for such person to be present in Syariah Court and thereupon the inquiry or trial, as the case may be, shall be postponed.
(8) The certificate of the medical officer may be receivable as evidence under this section.

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s 307Procedure where accused is suspected to be of unsound mind

(1)

When a Syar'ie Judge holding an inquiry or a trial has reason to suspect that the accused person is of unsound mind and consequently incapable of making his defence, he shall in the first instance investigate into the fact of such unsoundness.

(2)

At such investigation it shall not be necessary for the accused person to be present and the Syar'ie Judge may receive as evidence a certificate in writing by a medical officer to the effect that such accused person is in his opinion of unsound mind or is a proper person to be detained for observation in a suitable place of safe custody or, if he sees fit, such

Syar'ie Judge may take oral evidence from a medical officer on the state of mind of such accused person.

(3)

If the Syar'ie Judge is satisfied that such person is incapable of making his defence, he may postpone the inquiry or trial and shall remand him for a period not exceeding 30 days to be detained for observation in any suitable place of safe custody.

(4)

The medical officer of the place of safe custody shall keep such person under observation during the period of his remand and before the expiry of such period shall certify under his hand to the Syariah Court his opinion as to the state of mind of such person. If he is unable to form any definite conclusion as to the state of mind of such person, he may certify so to the Syariah Court and ask for a further remand. Such further remand may extend to a period of 2 months.

(5)

The Syar'ie Prosecutor may, at any stage of the proceedings prior to the trial, apply to the Syar'ie Judge to hold an inquiry in accordance with the procedure of this section on any accused person suspected to be of unsound mind.

(6)

If the medical officer shall certify that the accused person is of sound mind and capable of making his defence, the Syar'ie Judge shall a proceed with the inquiry or trial, as the case may be.

(7)

If the medical officer shall certify that such person is of unsound mind and incapable of making his defence aid the syariah Court is satisfied

Syariah Courts 168 CAP.

Criminal Procedure Code of the fact, it shall not be necessary for the Syariah Court to call for such person to be present in Syariah Court and thereupon the inquiry or trial, as the case may be, shall be postponed.

(8)

The certificate of the medical officer may be receivable as evidence under this section.