s.122Refusal or incapacity to plead
122
Section 122Part 6 — Procedure in Trials before the Grand Court

Refusal or incapacity to plead

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

If an accused person upon being arraigned upon any indictment stands mute of malice or will not, or by reason of infirmity cannot, answer directly to the indictment, the court may, if it thinks fit, order the Clerk or other proper officer of the court to enter a plea of not guilty on behalf of such person and the plea so entered shall have the same force and effect as if such person had actually pleaded the same.
If it appears, before or upon arraignment, that an accused person may be mentally impaired, the court may order a jury to be empanelled to try the accused person's sanity, and the jury shall thereupon, after hearing evidence for that purpose, find whether the accused person is or is not insane and unfit to stand the accused person's trial. If the finding of the jury is that the accused person is insane and unfit to stand that accused person's trial, section 159 shall apply.

Cross References

Referenced By