Criminal Procedure Amendment Act | Act 4 of 2017 — South Africa law | Esheria

Criminal Procedure Amendment Act

The court must order an inquiry and report if it appears the accused cannot understand the proceedings well enough to make a proper defence because of mental illness or intellectual disability.

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Jurisdiction
South Africa
Instrument
Act or statute
Citation
Act 4 of 2017
Version
Undated source snapshot
Language
en
Updated
Official source
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appeals court procedure court process mental capacity mental incapacity sentencing

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Statute overview

About this statute

The court must order an inquiry and report if it appears the accused cannot understand the proceedings well enough to make a proper defence because of mental illness or intellectual disability. This provision amends section 77 so that, where the court thinks an accused person cannot properly understand the proceedings because of mental illness or intellectual disability, the court must order an investigation and report under section 79. The court may order evidence to be placed before it and may direct detention, release, or referral outcomes for the accused in specified cases. If an appeal under subsection (5) is allowed, the court of appeal must set aside the conviction and sentence and send the case back to the original court. This section amends section 78 to update the wording on mental illness or intellectual disability and criminal responsibility, and to set out when courts must or may order an inquiry and how they must deal with an accused found not criminally responsible.