Defence Act, 1957 (Act No. 44 of 1957)SchedulesFirst Schedule126. Unsoundness of mind upon arraignment or during trial outside the Republic |
| (1) | If when an accused is arraigned before a military court beyond the borders of the Republic on a charge for an offence under this Code, or at any time during the trial and before the finding, it appears to the court that the accused is not capable of understanding the proceedings at the trial, the court shall hear evidence, including medical evidence, to determine whether the accused is capable of understanding the proceedings at the trial so as to make a proper defence. |
| (2) | If the court finds that the accused is so capable the trial shall proceed. |
| (3) | If the court finds that the accused is not so capable, it shall order— |
| (a) | that the accused be removed to the Republic and there detained in detention barracks or some other prescribed place pending the signification of the State President's decision; and |
| (b) | that pending his removal to the Republic, he be detained in a hospital, prison, detention barracks or other place as circumstances may permit. |
| (4) | If an accused so found incapable of understanding the proceedings becomes fit to stand his trial, whether before removal to the Republic or thereafter, he may be charged and tried for the offence. |