Defence Forces (Temporary Provisions) Act, 1923

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Insanity of accused at trial.

Finding in case of insanity of accused at time of commission of offence.

110.—(1) (a) Where it appears on the trial by Court-Martial of a person charged with an offence that such person is by reason of insanity unfit to stand his trial, the Court shall specially find that fact and such person shall be kept in custody in the prescribed manner until the directions of the Minister thereon are known or until any earlier time at which such person is fit to take his trial.

(b) The Minister may give orders for the safe custody of such persons during his pleasure in such manner as he may think fit.

(c) A finding under this Section shall be subject to confirmation in like manner as any other finding as is hereinafter provided.

(2) Where on trial by Court-Martial of a person charged with an offence it appears that such person committed the offence, but was insane at the time of the commission thereof, the Court shall specially find the fact of insanity as well as the finding of guilty and such person shall be kept in custody in the prescribed manner until the directions of the Minister thereon are known.