Section 7: Insanity of prisoners

(1) Where it appears to the superintendent of a prison that a prisoner undergoing a sentence of imprisonment or under sentence of death is of unsound mind, he shall forthwith report the matter to the Minister who-
(a) shall appoint two or more qualified medical practitioners (one of whom may be the medical officer of the prison) to inquire into the prisoner's soundness of mind; and
(b) may if he thinks it necessary order the removal of the prisoner from the prison to another prison or to a hospital.
(2) The medical practitioners appointed under subsection (1) of this section shall-
(a) forthwith examine the prisoner and inquire as to his soundness of mind;
(b) give their opinion therein in a written report to the Comptroller-General, who shall forward the report to the Minister; and
(c) if they or a majority of them are of the opinion that the prisoner is of unsound mind, include a certificate to that effect in the report.
(3) Where a prisoner into whose soundness of mind an inquiry has been ordered under subsection (1) of this section is under sentence of death, the following provisions shall apply-
(a) the superintendent shall as soon as possible report the circumstances to the
relevant authority who, on receipt of the report, shall order the execution of the sentence to be suspended until the report of the medical practitioners has been received;
(b) if the prisoner is certified to be of unsound mind, the relevant authority shall order execution of the sentence of death to be stayed and may, by order in writing under his hand directed to the superintendent direct that the prisoner shall be removed to a suitable mental hospital;
(c) on the making of a removal order under paragraph (b) of this subsection, the prisoner shall be removed to the mental hospital in question and, subject to the mental health laws, shall be detained there (or in any other such place to which he may be transferred) during the relevant authority's pleasure;
(d) if a prisoner so detained is certified by two medical practitioners to be no longer of unsound mind, the relevant authority shall make such order as seems to him to be just or, if he is satisfied that it is proper for him to do so, may by order in writing under his hand direct that the prisoner shall be removed to prison to be dealt with according to law.
(4) if a prisoner so detained is certified by two medical practitioners to be no longer of unsound mind, the relevant authority shall make such order as seems to him to be just or, if he is satisfied that it is proper for him to do so, may by order in writing under his hand direct that the prisoner shall be removed to prison to be dealt with according to law.
(a) the Minister shall by order in writing under his hand addressed to the superintendent, direct that the prisoner shall be removed to a suitable mental hospital;
(b) a prisoner removed to a mental hospital pursuant to an order made under paragraph (a) of this subsection shall, subject to the mental health laws, be detained therein (or in any other mental hospital to which he may be transferred) until he is certified by two medical practitioners to be of sound mind or until the sentence of imprisonment to which he is subject determines, whichever first occurs;
(c) if the prisoner is certified to be of sound mind, he shall by order in writing under the hand of the Minister be removed to prison to serve so much of his sentence as remains;
(d) if the prisoner is still detained in a mental hospital when his sentence of imprisonment is about to determine, it shaH be the duty of the officer in charge of the mental hospital to give such information as may be necessary under the mental health laws to secure consideration of the question whether the prisoner should be detained under those laws as a person of unsound mind from the date of the determination of his sentence.
(5) In this section-
"the mental health laws" means the laws prescribing the procedure for finding persons to be of unsound mind and providing for the custody and treatment of persons so found;
"mental hospital" means a place lawfully appointed for the custody and treatment of persons of unsound mind;
"the relevant authority" means the authority in whom is vested the prerogative of mercy.