PART III P ROVISIONS R ELATING TO M ENTALLY D ISORDERED OR INTELLECTUALLY HANDICAPPED P ERSONS IN C USTODY 26 Power of magistrate to order examination and treatment of accused persons (1) In this section— “magistrate” includes the chief magistrate and any regional magistrate. (2) Without derogation from section twenty-seven or twenty-eight, if a person appears before a magistrate for the purpose of— (a) remand; or (b) any other purpose prior to arraignment; on a charge of committing an offence which the magistrate considers will not merit imprisonment without the option of a fine or a fine exceeding level three, and the magistrate has reason to believe that the person is mentally disordered or intellectually handicapped, the magistrate may order that the proceedings against the person be stayed for a definite or an indefinite period, and may— (i) order the person to submit himself for examination and additionally, or alternatively, treatment in any institution or other place in terms of Part VI; or (ii) order the person’s guardian, spouse or close relative to make an application for the person to be received for examination and additionally, or alternatively, treatment in any institution or place in terms of Part VII or Part VIII; or (iii) order two medical practitioners to examine the person and inquire into and report on his mental state: Provided that, if only one medical practitioner is available, the magistrate may order a psychiatric nurse practitioner or a designated psychiatric nurse, social worker or clinical psychologist to examine the person concerned and inquire into and report on his mental state; and may 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’s mental state is examined and additionally, or alternatively, that he receives appropriate treatment. (3) An order or direction under subsection (2) may be given subject to such conditions as the magistrate think fit. (4) If the magistrate, after considering medical reports given pursuant to an order under subsection (2) and such other evidence as he thinks fit, finds that the person concerned is mentally disordered or intellectually handicapped and— (a) is of suicidal tendency or in any way dangerous to himself or to others: or (b) has committed or attempted to commit any offence or has acted in a manner offensive to public decency; or (c) is excessively dependent on alcohol or illicit drugs; or (d) in the case of a psychopathic disorder, requires to be detained; or (e) has no fixed abode; the magistrate may issue a reception order in the prescribed form directing that the person— (i) be removed to, and received and detained in, an institution to be named in the order; or (ii) subject to section ten, be received, treated and detained in single in a private dwelling-house and not in an institution; and the procedure laid down in Part II shall thereafter be followed. (5) Notwithstanding any other law, but subject to the terms and conditions of the order concerned, where a magistrate has ordered in terms of subsection (2) that proceedings against a person be stayed, no further proceedings shall be taken against that person in relation to the offence in connection with which he appeared before the magistrate until— (a) the period, if any, specified in the order has expired; or (b) any examination or treatment ordered to be undergone by that person has been completed; or (c) the magistrate, or another magistrate of equivalent jurisdiction, revokes the order; or (d) the order is set aside by the Mental Health Review Tribunal on an appeal in terms of section thirty-six. 27 Procedure where person found mentally disordered or intellectually handicapped while under detention (1) If it appears to the Attorney-General or to the person in charge of a prison or other place where a person is being detained— (a) for the purposes of a preparatory examination, trial or sentence for any offence; or (b) in terms of any enactment for purposes other than those specified in paragraph (a) and is not a convicted prisoner;