S v Relela, S v Olyn (B390/99, G400/99)
S v Relela, S v Olyn (B390/99, G400/99) [2000] ZANWHC 5 (16 February 2000)
The court held that the magistrates correctly applied sections 77(6) and 78(6) of the Criminal Procedure Act by finding the accused not capable of understanding proceedings and not criminally responsible due to mental illness, and ordering their detention. The phrase 'pending the signification of the decision of a judge in chambers' does not require immediate judicial confirmation of the magistrates' orders; it only becomes relevant when the Director of Public Prosecutions presents a report for further directions regarding the accused's release or continued detention. There is no basis for re…
Source excerpt
- Mental Illness And Criminal Responsibility
- Detention Pending Judge Decision
- Magistrate Powers
- Reviewability Of Orders