Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXXIII · Persons of Unsound Mind
342. Procedure where accused is suspected to be of unsound mind
Feedback & supportWhen a Judge or a Magistrate holding a trial has reason to suspect that the accused person is of unsound mind and consequently incapable of making his defence, he shall in the first instance investigate the fact of such unsoundness.
At the investigation it shall not be necessary for the accused person to be present and the Judge or Magistrate may receive as evidence a certificate in writing signed by a Medical Officer to the effect that the accused person is in his opinion of unsound mind or is a proper person to be detained for observation in a psychiatric hospital, or the Judge or Magistrate may, if he sees fit take oral evidence from a
Medical Officer
“Government Medical Officer” or “Medical Officer” includes a medical practitioner who has been given by the Director General of Health Malaysia, an authorization in writing under section 34C of the Medical Act 1971 to perform functions specified in that section;
Medical Officer on the state of mind of the accused person.
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If not satisfied that the person is capable of making his defence, the Judge or Magistrate shall postpone the trial and shall remand that person for a period not exceeding one month to be detained for observation in any psychiatric hospital in Malaysia.
The Medical Director of the said psychiatric hospital shall keep that person under observation during the period of his remand and before the expiry of that period shall certify under his hand to the Court his opinion as to the state of mind of that person, and if he is unable within the period to form any definite conclusion, shall so certify to the
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
Court and shall ask for a further remand. Such further remand may extend to a period of two months.
The Public Prosecutor may at any stage of any proceedings prior to the trial order that any accused person whom he suspects to be of unsound mind be sent to a psychiatric hospital for observation for a period not exceeding one month. The Medical Director of that psychiatric hospital shall keep that person under observation during the said period and before the expiry of the said period shall certify under his hand to the Public Prosecutor his opinion as to the state of mind of that person. If the said Medical Director is unable within the said period to form any definite conclusion he shall so certify to the Public Prosecutor, and the Public Prosecutor may order that person to be detained in that psychiatric hospital for a further period not exceeding two months. The Medical Director of a psychiatric hospital may, notwithstanding anything in the
*Mental Health Act 2001 [Act 615] contained, detain any accused person in respect of whom an order has been made under this subsection for a period not exceeding the period specified in the order.