LUNACY

Question 1

ENQUIRY as to LUNACY of the ACCUSED (ELA) - which enactment and section?

Answer 1

Enquiry as to Lunacy of the Accused is governed by S133-135 of the Criminal Offences (Procedure) Act, 1960 (Act 30).

Question 2

ENQUIRY as to LUNACY of the ACCUSED - Procedure

Answer 2

1. First the Court shall, on any reasonable basis, enquire in the fact of unsoundness by causing accused to be MEDICALLY EXAMINED and also take ANY OTHER AVAILABLE EVIDENCE n the state of mind of the accused
2. If satisfied upon the evidence that there is a prima facie case against accused, but that she is INCAPABLE of putting up a defense, it shall RECORD that finding to that effect
3. If accused should be granted bail, it shall be on ADDITIONAL conditions that the surety shall take proper care of the accused and prevent her from causing injury to herself or others.
4. If the accused is to be remanded, the court shall transmit the court record to the Minister of Justice through the Judicial Secretary for the Minister’s order for the accused to be DETAINED as a criminal lunatic in a lunatic asylum.
5. Where, on bail, the accused is found capable of standing trial by a Medical Officer treating her, the medical officer shall forward a certificate to AG to that effect. The certificate shall be tendered as evidence later in court if the AG decides to pursue the case later as explained below.
6. The certificate shall indicate whether the MO, in his opinion, the accused should be UNCONDITIONALLY DISCHARGED
7. The AG shall inform the trial court if he would like to continue the prosecution of the accused or not
8. If the AG does not intend to continue AND the MO per the certificate says the accused can be unconditionally discharged, the court shall make an order to release.
9. But if the report is that the accused may not be discharged, he will be DETAINED as a criminal lunatic at the pleasure of the president
10. If AG indicates it will pursue prosecution, the trial shall Resume or begin De Novo as the court considers appropriate.
11. If during the trial, the court deems to necessary to have an enquiry as to the lunacy of the accused, the entire process begins all over again.

Question 3

DEFENSE OF LUNACY

Answer 3

1. Sections 136-137 of the Criminal Offences Act (Procedure), 1960, Act 30 governs the defense of lunacy by the accused.
2. An accused person may put up the defense of lunacy, and that is:

At the time of the event the accused was suffering from idiocy, imbecility, mental condition or disease, or intoxication (3 Is, 2 Ms) - as provided in Section 27 and 28 of the Criminal Offences Act, Act 29 - and as a result of the unsoundness of mind the accused was prevented from knowing the nature or consequences of the act of which he is charged OR that the unsoundness of mind made him incapable of knowing that the act was wrong or contrary to law

Question 4

DEFENSE OF LUNACY - When Defense of Lunacy is put before a Committal Court, what happens?

Answer 4

If the defense of lunacy is put before a committal court, the committal process shall proceed for the accused to appear before the trial (high?) court

Question 5

DEFENSE OF LUNACY - If case is before trial court and accused claims the defense of lunacy, what happens?

Answer 5

1. If the case is before a trial court - either summary or jury trial - and accused claims the defense of lunacy, if the accused is found guilty, but that the accused was insane, the court shall not convict the accused
2. Instead the court shall render a SPECIAL VERDICT to the effect that the accused is guilty of the offence charged but was insane when it was done

Question 6

DEFENSE OF LUNACY - What happens after a Special Verdict is rendered by a Court?

Answer 6

1. After a Special Verdict (Judgment, Acquitted or Convicted) is rendered, the court shall forward a certified copy of the record to the Minister of Justice and shall keep the accused in custody awaiting the pleasure of the President
2. The MOJ will relay/indicate the President’s pleasure. And from time to time the MOJ shall give an order for the safe custody of the accused as a criminal lunatic at the pleasure of the president

Question 7

DEFENSE OF LUNACY - Warrant of Discharge

Answer 7

1. The criminal lunatic may be discharged at any time if the MoJ personally signs a warrant
2. When discharged, a periodic report will be made to the MoJ by the persons in whose custody the criminal lunatic was discharged
3. The MOJ may at any time revoke a warrant of discharge (hmm)