S v Ralane (A222/14)
S v Ralane (A222/14) [2015] ZAECBHC 18 (21 June 2015)
The Magistrate failed to comply with section 79(1)(b) of the Criminal Procedure Act by not ensuring the appointment of a third psychiatrist or recording an application by the prosecutor to dispense with the third psychiatrist, as required for offences involving serious violence. This procedural irregularity invalidated the proceedings from 13 May 2015 onwards. The matter must be remitted to the Magistrate for proper compliance with the statutory requirements regarding the panel of psychiatrists.
Source excerpt
- Mental Health In Criminal Procedure
- Section 79 Criminal Procedure Act
- Panel Of Psychiatrists
- Serious Violence Offences