the magistrate may issue an order directing that the patient be removed to, and detained in, a special institution and shall thereupon cause a copy of the order to be sent to the Attorney-General for submission to a judge in chambers. (3) Without derogation from section eighteen, a judge who considers an order referred to in subsection (1) or (2) may— (a) if he is satisfied that the patient is a danger to others and that a designated medical practitioner recommends the patient’s detention in a special institution, confirm the magistrate’s order; or (b) if he is not so satisfied, issue an order directing the patient’s transfer to an institution. (4) The Registrar of the High Court shall send three copies of any order made by a judge in terms of subsection (3) to the Attorney-General, who shall send one copy to the superintendent of the institution or special institution concerned and another to the Secretary. 38 Powers of court in criminal cases in relation to mentally disordered or intellectually handicapped persons who are dangerous (1) In this section— “magistrate” includes the chief magistrate and any regional magistrate. (2) Where a judge or magistrate presiding over criminal proceedings finds that the accused person is mentally disordered or intellectually handicapped but is able to understand the nature of the proceedings and properly to conduct his defence, and evidence has been adduced that two medical practitioners, one of whom is a designated medical practitioner, are of the opinion that the accused person is a danger to others— (a) if the court acquits the accused person, the judge or magistrate, notwithstanding, any other law, may order that the accused person be returned to prison and subsequently be transferred to, and detained in, a special institution specified in the order: Provided that an order made by a magistrate in terms of this paragraph shall not authorize the accused person’s detention in a special institution for more than eight weeks; (b) if the court convicts the accused person, the judge or magistrate who passes sentence may, in addition to any sentence he may impose, order that the accused person be returned to prison and subsequently be transferred to, and detained, in a special institution specified in the order: Provided that— (i) subject to proviso (ii), this paragraph shall not apply if the accused person is sentenced to death; (ii) if the accused person is sentenced to death and the death sentence is subsequently commuted, the President may direct that the accused person be transferred to, and detained in, a special institution. (3) Where a judge or magistrate makes an order in terms of paragraph (a) or (b) of subsection (2), the registrar or clerk of the court concerned shall forthwith send a certified copy of the order— (a) to the officer in charge of the prison in which the accused person has been detained or to which he has been returned; and (b) to the superintendent of the special institution to which the accused person is to be transferred; and (c) where the order has been made by a judge, to a magistrate of the province in which the accused person was residing. (4) Where a magistrate makes an order in terms of paragraph (a) of subsection (2), he shall, within three weeks, send a copy of the order, together with a record of the proceedings, to the Attorney -General who shall, before the expiry of the order, submit the papers to the Registrar of the High Court for consideration by a judge in chambers. (5) A judge, on considering an order submitted to him in terms of subsection (4), may— (a) if he is satisfied that an order for the patient’s further detention should be made, forthwith order the patient’s detention in a special institution for a definite or indefinite period, and such an order may include provision for any matter referred to in paragraph (c) of subsection (1) of section eighteen and shall have the same effect as an order made under that section; or (b) direct that the patient be discharged immediately; and generally give such directions as appear to him to be appropriate. (6) Where a judge or magistrate has made an order in terms of paragraph (b) of subsection (2)— (a) if, as a result of any sentence imposed, the patient is required to undergo any period of imprisonment, the imprisonment shall be served in the special institution: Provided that the patient may be transferred from the special institution to a prison if the order is set aside on review or appeal; (b) notwithstanding any other law, the patient shall not be sentenced to receive any corporal punishment. (7) Where a magistrate has made an order in terms of paragraph (b) of subsection (2), the order shall be subject to review by a judge, and subsections (1) and (4) of section 57 of the Magistrates Court Act