STATUTE LAW REVISION ACT 2005 (NO 44 OF 2005) - SECT 8 New section 412A

STATUTE LAW REVISION ACT 2005 (NO 44 OF 2005) - SECT 8

    After section 412 –

    insert

412A.     Powers of Court in relation to mental impairment

    (1)     This section applies if, on an appeal against a finding of guilt or the sentence passed on such a finding, it appears to the Court that the person found guilty should have been found not guilty because of mental impairment under section 43C.

    (2)     The Court must quash the finding of guilt and –

    (a)     declare that the person is liable to supervision under Part IIA, Division 5; or

    (b)     order that the person be released unconditionally.

    (3)     If the Court makes a declaration under subsection (2)(a), the Court must remit the matter to the Supreme Court for the making of a supervision order under Part IIA, Division 5 in respect of the person.