Section 115: Acquittal on account of insanity
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
115. Acquittal on account of insanity
(1) Where it is given in evidence on the trial of a person charged with an
offence that the person was suffering from insanity as provided in section 42
of the Criminal Code at the time of the commission of the offence and the
person is acquitted, the Court shall be required—
(a) to find specially whether that person was suffering from insanity
at the time of the commission of the offence;
(b) to declare whether it has acquitted him on account of such
insanity.
(2) Where the Court finds that the accused was suffering from insanity
at the time of the commission of the offence, the Court shall order that the
accused be confined in a mental health care centre as provided in the Mental
Health Care Act.
C59 – 23 [Issue 1]
Criminal Procedure Act
(3) The Court shall not make a finding under subsection (1), except on
the evidence of not less than 2 registered psychiatrists.
[S. 115 amended by Act 24 of 1998.]