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Section 131

Provisions where accused found insane

of Armed Forces Act 1972

ActIn forceProvision 146 of 237
Section 131

(2)

Where, on the trial of a person by court-martial, it appears to the court-martial that the evidence is such as, apart from any question of insanity, to support a finding that the accused was guilty of any offence, but at the time of the acts or omissions constituting that offence the accused was insane, the court-martial shall find that the accused was not guilty of that offence by reason of insanity and thereupon the accused shall be kept in custody in such manner as may be provided by or under regulations of the Armed Forces

Council until the directions of the Yang di-Pertuan Agong are known.

(3)

In the case of any such finding as aforesaid, the Yang di-Pertuan

Agong may give orders for the safe custody of the accused during his pleasure in such place and in such manner as the Yang di-Pertuan Agong thinks fit.

(4)

A finding under subsection (1) shall not have effect unless and until the finding has been confirmed by an officer who would have had power to confirm a finding of guilty come to by the court-martial in question and has been promulgated.

(5)

Where the court-martial or the confirming officer comes to or substitutes a finding of not guilty by reason of insanity the confirming officer or, as the case may be, the reviewing authority shall not have power to substitute for that finding a finding of guilty; but save as aforesaid the provisions of this Act as to revision, confirmation and review (and in particular the provisions of this Act which confer the power to substitute for any finding any other finding which could have

120 Laws of Malaysia ACT 77

been come to by the court-martial in question) shall apply in relation to such findings as are provided for by subsection (2) as those provisions apply in relation to other findings of guilty.

(6)

Save as otherwise provided in this Act or unless the context otherwise requires, any reference to a conviction or a finding of guilty in respect of any offence includes a reference to a finding under subsection (2) in respect of the offence.

Savings for Functions of Judge Advocate General