Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
No. and yearof law
Short title
Extent of repealor amendment
be convicted in respect of the charge in question.
(b) If the court makes a finding in terms of paragraph (a) after the accused has been convicted of the offence charged but before sentence is passed, the court shall set the conviction aside, and if the accused has pleaded guilty it shall be deemed that he has pleaded not guilty.”.
3. The amendment of section 78 by the substitution for subsection (6) of the following subsection:
“(6) If the court finds that the accused committed the act in question and that he or she at the time of such commission was by reason of mental illness or intellectual disability not criminally responsible for such act—
(a)
the court shall find the accused not guilty; or
(b)
if the court so finds after the accused has been convicted of the offence charged but before sentence is passed, the court shall set the conviction aside and find the accused not guilty,
by reason of mental illness or intellectual disability, as the case may be, and direct—
(i)
in a case where the accused is charged with murder or culpable homicide or rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or another charge involving serious violence, or if the court considers it to be necessary in the public interest that the accused be—
(aa)
detained in a psychiatric hospital or a prison pending the decision of a judge in chambers in terms of section 47 of the Mental Health Care Act, 2002;
(bb)
admitted to and detained in an institution stated in the order and treated as if he or she were an involuntary mental care health user contemplated in section 37 of the Mental Health Care Act, 2002;
(cc)
.....
(dd)
released subject to such conditions as the court considers appropriate; or
(ee)
released unconditionally;
(ii)
in any other case than a case contemplated in subparagraph (i), that the accused—
