and 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 receives appropriate treatment. (5) An order made— (a) by a judge under subparagraph (i) or (ii) of paragraph (a) of subsection (4) 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 subsection; (b) by a magistrate under subparagraph (i) or (ii) of paragraph (b) of subsection (4) shall have the same effect as a reception order, and the procedure laid down in Part II shall thereafter be followed. (6) An order or direction under subparagraph (iii) of paragraph (a) or (b) of subsection (4) may be given subject to such conditions as the judge or magistrate, as the case may be, thinks fit. (7) Notwithstanding any other law, but subject to the terms and conditions of the order concerned, where a judge or magistrate has ordered in terms of subsection (4) 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 judge or magistrate, as the case may be, 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) a judge revokes the order; or (d) in the case of an order made by a magistrate, that magistrate, or another magistrate of equivalent jurisdiction, revokes the order; or (e) the order is set aside by the Mental Health Review Tribunal on an appeal in terms of section thirty-six. (8) The Registrar of the High Court shall send a copy of any order made by a judge in terms of paragraph (a) of subsection (4) to a magistrate of the province in which the patient was residing immediately before he was detained in custody for the purposes of his preparatory examination or trial or for examination in terms of this section, as the case may be. (9) If the judge or magistrate is unable to conclude whether or not the person concerned is mentally disordered or intellectually handicapped or whether he would be able to understand the nature of any criminal proceedings or properly to conduct his defence, the judge or magistrate may issue an order— (a) directing that the person be removed to an institution and detained there for examination: Provided that a person shall not be detained in terms of this subparagraph for more than eight weeks; or (b) directing the release of the patient, for examination such period and subject to such conditions as may be specified in the order, for the purpose of examination of his mental state. (10) A person who is detained in terms of subsection (9) shall be deemed, whilst so detained, to be in the lawful custody of the officer in charge of the prison in which he was detained before his removal to the institution. (11) Notwithstanding anything to the contrary contained in the law relating to criminal procedure, where any person is found in terms of subsection (4) to be mentally disordered or intellectually handicapped and, prior to the finding, he has been called upon to plead to the indictment, summons or charge, he shall not be entitled to demand that he be either acquitted or convicted. 29 Procedure where person charged is found mentally disordered or intellectually handicapped at time of committing offence (1) In this section— “act” includes an omission; “magistrate” includes the chief magistrate and any regional magistrate. (2) If a judge or magistrate presiding over a criminal trial is satisfied from evidence, including medical evidence, given at the trial that the accused person did the act constituting the offence charged or any other offence of which he may be convicted on the charge, but that when he did the act he was mentally disordered or intellectually handicapped so as to have a complete defence in terms of section 248 of the Criminal Law Code, the judge or magistrate shall return a special verdict to the effect that the accused person is not guilty because of insanity, and may— (a) order the accused person to be returned to prison for transfer to an institution or special institution for examination as to his mental state or for treatment; or (b) if the judge or magistrate considers that, had the accused person been convicted of the offence concerned, he would not have been sentenced to imprisonment without the option of a fine or to a fine exceeding level three, order— (i) the accused person to submit himself for examination and additionally, or alternatively, treatment in any institution or other place in terms of Part VI; or (ii) the accused 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;