Clause 108

Where it appears on the trial by court-martial of a person charged with an offence that such person is by reason of insanity unfit to take his trial, the court shall find that fact; and such person shall be kept in custody in the prescribed manner until the directions of the President thereon are known, or until any earlier time at which such person is fit to take his trial.

Where, on the trial by court-martial of a person charged with an offence, it appears that such person did the act or made the omission with which he is charged, but that he was insane at the time when he did or made the same, the court shall find that the accused was guilty of the act or omission charged, but was insane at the time when he did the act or made the omission, and such person shall be kept in custody in the prescribed manner until the directions of the President thereon are known.

In either of the above cases the President may give orders for the safe custody of such person during his pleasure, in such place and in such manner as the President thinks fit.

A finding under this section shall be subject to confirmation in like manner as any other finding.

If a person imprisoned or undergoing detention by virtue of this Act becomes insane, then, without prejudice to any other provision for dealing with such insane person, the Minister may, upon a certificate of such insanity by two qualified medical practitioners, order the removal of such person to a mental hospital or other proper place for the reception of insane persons in Singapore, there to remain for the unexpired term of his imprisonment or detention, and, upon such person being certified in the like manner to be again of sound mind, may order his removal to any prison or detention barrack in which he might have been confined if he had not become insane, there to undergo the remainder of such punishment.