Ibjadmin: /* Zimbabwe Criminal Defense Manual */

2010-06-28T20:37:53Z

Zimbabwe Criminal Defense Manual

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 When X has recovered from the mental condition, he can then be made to stand trial.
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou at 13:41, 28 May 2010

2010-05-28T13:41:29Z

← Older revision		Revision as of 15:41, 28 May 2010
Line 23:		Line 23:

	When X has recovered from the mental condition, he can then be made to stand trial.		When X has recovered from the mental condition, he can then be made to stand trial.

			== Zimbabwe Criminal Defense Manual ==
			'''Table of Contents'''
			* [[Introduction (Zimbabwe)\| Introduction]]
			* [[Defense Lawyer's Role and Responsibilities (Zimbabwe)\|Defense Lawyer's Role and Responsibilities]]
			* [[Pre-Trial Matters (Zimbabwe)\|Pre-Trial Matters]]
			* [[Jurisdiction of Courts (Zimbabwe)\|Jurisdiction of Courts]]
			* [[Preparing for Trial (Zimbabwe)\| Preparing for Trial]]
			* [[Trial (Zimbabwe)\|Trials]]
			* [[Rules of Evidence (Zimbabwe)\| Rules of Evidence]]
			* [[Criminal Law Code (Zimbabwe)\| Criminal Law Code]]
			* [[Verdict (Zimbabwe)\|Verdict]]
			* [[Sentence (Zimbabwe)\|Sentence]]
			* [[Record of Proceedings (Zimbabwe)\|Record of Proceedings]]
			* [[Appeals (Zimbabwe)\|Appeals]]
			* [[Automatic Review and Scrutiny (Zimbabwe)\| Automatic Review and Scrutiny]]
			* [[Miscellaneous Matters (Zimbabwe)\|Miscellaneous Matters]]

Ddemetriou: Created page with 'The defence lawyer must determine the mental fitness of his client to stand trial. When taking instructions it may become apparent to the defence lawyer that his client is acting�'

2010-04-14T11:07:29Z

Created page with 'The defence lawyer must determine the mental fitness of his client to stand trial. When taking instructions it may become apparent to the defence lawyer that his client is acting�'

New page

The defence lawyer must determine the mental fitness of his client to stand trial. When taking instructions it may become apparent to the defence lawyer that his client is acting in a manner which suggests that he is mentally disordered or intellectually handicapped. In such eventuality he should notify the Attorney-General's office about this and ask that his client be given a psychiatric examination. The matter will then be dealt with in terms of s 27 of the Mental Health Act. The Attorney-General office will report the matter to a magistrate who must, within 24 hours of receiving the report, direct two medical practitioners (or one medical practitioner and one psychiatric nurse to examine the person to determine his mental state. After the receiving the medical reports, if the magistrate decides that the person is mentally disordered or intellectually handicapped and would not be able to understand the nature of any criminal proceedings, he can make various orders.

In respect of cases involving serious charges, he may order he be detained in an institution or, if he is a danger to other, that he be detained in a special institution.

In respect of charges which are not likely to merit imprisonment without the option of a fine or a fine not exceeding level 3, the magistrate may order the proceedings against the person to be stayed for a definite or indefinite period, and�
* order the person to submit himself for treatment in any institution or other place;
* the person's guardian, spouse or close relative to make an application for the person to be received for treatment in any institution or place;
and give such directions for the person's release from custody or continued detention or transfer to an institution or other place as he considers necessary to ensure that the person receives appropriate treatment.

Cases may arise where the client appeared to be mentally normal when his defence lawyer takes instructions but after the commencement of the trial the client starts to behave in a fashion which suggests that he is mentally deranged and incompetent to stand trial. The lawyer should draw this fact to the attention of the court and request that the court exercise its powers to order a psychiatric examination of the person to determine whether he is fit to stand trial. Such a case will be dealt with in terms of s 28 of the Mental Health Act. (In terms of s 192 CPEA, if at any time after the commencement of a criminal trial it is alleged or it appears that X is not of sound mind, the case must be dealt with under the Mental Health Act.) If it appears to the presiding judge or magistrate that the person on trial is mentally disordered or intellectually handicapped, the judicial officer must inquire into that person's mental state. The judicial officer can adjourn the proceedings and direct two medical practitioners (or one medical practitioner and one psychiatric nurse to examine the person to determine his mental state. When the medical reports are received various courses of action are possible. Where the judicial officer is a judge he may
* order that the person be detained in an institution for a definite or an indefinite period; or
* if it appears to him that the person is a danger to others, order his detention in a special institution for a definite or indefinite period.
If the offence is an offence which is not likely to merit imprisonment without the option of a fine or a fine not exceeding level 3, the judge may order the proceedings against the person to be stayed for a definite or indefinite period, and�
* order the person to submit himself for treatment in any institution or other place;
* the person's guardian, spouse or close relative to make an application for the person to be received for treatment in any institution or place.

Where the judicial officer is a magistrate, he may
* order that the person be detained in an institution; or
* if it appears to him that the person is a danger to others, order his detention in a special institution.
If the offence is an offence which is not likely to merit imprisonment without the option of a fine or a fine not exceeding level 3, the judge may order the proceedings against the person to be stayed for a definite or indefinite period, and�
* order the person to submit himself for treatment in any institution or other place;
* the person's guardian, spouse or close relative to make an application for the person to be received for treatment in any institution or place.

When X has recovered from the mental condition, he can then be made to stand trial.

← Older revision		Revision as of 15:41, 28 May 2010
Line 23:		Line 23:

	When X has recovered from the mental condition, he can then be made to stand trial.		When X has recovered from the mental condition, he can then be made to stand trial.

			== Zimbabwe Criminal Defense Manual ==
			'''Table of Contents'''
			* [[Introduction (Zimbabwe)\| Introduction]]
			* [[Defense Lawyer's Role and Responsibilities (Zimbabwe)\|Defense Lawyer's Role and Responsibilities]]
			* [[Pre-Trial Matters (Zimbabwe)\|Pre-Trial Matters]]
			* [[Jurisdiction of Courts (Zimbabwe)\|Jurisdiction of Courts]]
			* [[Preparing for Trial (Zimbabwe)\| Preparing for Trial]]
			* [[Trial (Zimbabwe)\|Trials]]
			* [[Rules of Evidence (Zimbabwe)\| Rules of Evidence]]
			* [[Criminal Law Code (Zimbabwe)\| Criminal Law Code]]
			* [[Verdict (Zimbabwe)\|Verdict]]
			* [[Sentence (Zimbabwe)\|Sentence]]
			* [[Record of Proceedings (Zimbabwe)\|Record of Proceedings]]
			* [[Appeals (Zimbabwe)\|Appeals]]
			* [[Automatic Review and Scrutiny (Zimbabwe)\| Automatic Review and Scrutiny]]
			* [[Miscellaneous Matters (Zimbabwe)\|Miscellaneous Matters]]

Mental unfitness of accused to stand trial (Zimbabwe) - Revision history

Ibjadmin: /* Zimbabwe Criminal Defense Manual */

Ddemetriou at 13:41, 28 May 2010

Ddemetriou: Created page with 'The defence lawyer must determine the mental fitness of his client to stand trial. When taking instructions it may become apparent to the defence lawyer that his client is acting�'