4.
| (1) Where a Magistrate's Court holding a trial before the date on which this Act came into force, being of opinion that the accused was of unsound mind and consequently incapable of making his defence, has postponed further proceedings in the case under the provisions of sub-section (2) of section 367 of the principal enactment, and the Minister of Justice has, by writing under the hand of the Permanent Secretary, ordered the accused to be confined in a mental hospital, under the provisions of sub-section (2) of section 369 of that enactment, if it appears to the Visitors of the mental hospital, or any two of them, that the offence with which the accused was charged was of a trivial nature, and the Medical Superintendent or doctor in charge of the mental hospital certifies that the accused may be discharged without danger of doing injury to himself or to any other person, such Visitors may make a written application, to which the certificate of such Medical Superintendent or doctor in charge shall be appended, to the Magistrate's Court before which the accused was originally charged, to resume proceedings in the case. |
|
| (2) Where an application to resume proceedings in a case is made under the provisions of sub-section (1), it shall be lawful for the Magistrate's Court to resume proceedings in that case and, if the court is satisfied that the offence with which the accused was charged is of a trivial nature and, after hearing the evidence, if necessary, of the Medical Superintendent or doctor who issued the certificate, that the accused may be discharged without danger of doing injury to himself or to any other person, to order the accused to be discharged. If the Court is not so satisfied, the accused shall continue to be confined in the mental hospital in like manner as if proceedings had not been resumed. |
|
|
Sri Lanka Consolidated Acts