(b) states that the person so admitted is mentally disordered or intellectually handicapped and requires
detention and treatment in an institution;
that person’s conveyance to and detention and treatment in an institution in Zimbabwe shall be lawful to the
extent that the conveyance, detention and treatment takes place not more than two months from the date of the
warrant.
(2) Where a patient has been received into an institution under a warrant referred to in subsection (1), the
superintendent of the institution shall forthwith send the warrant, together with the supporting documents, to the
Secretary who shall send them to the Attorney-General for submission to a judge in chambers, and thereafter this
Act shall apply in relation to the patient as if he were a person in respect of whom a reception order has been
issued.
98 Detention of patients from designated countries who were mentally disordered when they
committed offences
(1) Subject to this section, a person who has been ordered to be detained in a designated country following a
finding by a court in that country that he was mentally disordered or intellectually handicapped when he
committed an offence may be admitted into and detained and treated in Zimbabwe under a warrant issued by such
authority in the designated country as may be accepted by the Minister.
(2) A person admitted into Zimbabwe in terms of subsection (1) shall be detained in such place as the
Minister may fix until a competent authority in the designated country from which he was sent otherwise
determines, when he shall be sent back to that designated country.
(3) A certificate signed by the Minister and declaring that from documents laid before him it appears that the
person named in the certificate has been ordered to be detained by a competent authority in a designated country
shall be accepted by any court in Zimbabwe, upon its production by any person, as prima facie proof that the firstmentioned person is lawfully under detention in terms of this section.
99 Return to designated countries of persons liable to be detained in respect of offences
(1) In this section—
“patient who is liable to be detained in respect of an offence” means a person who—
(a) is detained in custody as a result of having been found unfit through mental disorder or
intellectual handicap to be tried for an offence with which he was charged; or
(b) has been convicted of an offence and afterwards found to be mentally disordered or intellectually
handicapped.
(2) Upon the recovery or discharge of a patient who is liable to be detained in respect of an offence and who
was admitted to an institution under a warrant referred to in section ninety-seven, he shall be returned as a prisoner
to the designated country from which he was removed to Zimbabwe.
100 Application of Cap. 7:14
Nothing in this Part shall be construed as limiting the application of subsections (3) and (4) of section 11 of
the Transfer of Offenders Act [Chapter 7:14].
PART XIII
O FFENCES AND P ENALTIES
101 Detaining patients except in accordance with this Act
Any person who, except in accordance with this Act—
(a) receives or detains a patient in an institution or special institution: or
(b) for payment or reward, takes charge of, receives for boarding purposes or detains a patient in any place;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not
exceeding two years or to both such fine and such imprisonment.
102 False statements
Any person who—
(a) makes a false entry or statement of a material fact in any document or entry made or prepared for the
purposes of this Act, knowing the entry or statement is false or not having reasonable grounds for
believing it to be true; or
(b) with intent to deceive, makes use of any false entry or statement referred to in paragraph (a);
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not
exceeding two years or to both such fine and such imprisonment.
103 Ill-treatment of patients
Any person who—
(a) is employed in or at any institution, special institution or other place in which a patient is received or
detained in terms of this Act; or
Select target paragraph3
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