and may give such orders as may be appropriate for the accused person’s release from custody for the purpose of such examination or treatment; or (c) if the judge or magistrate is satisfied that the accused person is no longer mentally disordered or intellectually handicapped or is otherwise fit to be discharged, order his discharge and, where appropriate, his release from custody. [Subsection amended by Act 23 of 2004] (3) Certified copies of an order referred to in paragraph (a) of subsection (2) shall forthwith be sent by the registrar or clerk of the court concerned to— (a) a magistrate of the province in which the accused person was residing immediately before he was detained in custody for the purposes of his trial or in terms of subsection (2), as the case may be; and (b) the officer in charge of the prison to which the accused person has been returned; and (c) the superintendent of the institution to which the accused person is to be transferred under the authority of that order. (4) Within fourteen days after a patient has been received into an institution or special institution pursuant to an order under paragraph (a) of subsection (2), the superintendent of the institution or special institution shall issue a certificate in the prescribed form as to the patient’s mental state and shall send the certificate to a special board with a copy to the Attorney-General. (5) Upon receipt of a certificate sent to it in terms of subsection (4), and after making such inquiry as it thinks necessary, the special board shall make recommendations as to the patient’s release or his further detention, care, management and treatment, and shall send the recommendations to the Mental Health Review Tribunal with a copy to the Attorney General. (6) The Mental Health Review Tribunal, after considering any recommendations sent to it in terms of subsection (5), may give such directions as it thinks fit regarding the release, detention, care, management and treatment of the patient concerned. (7) Pending the decision of the Mental Health Review Tribunal under subsection (6), the superintendent of the institution or special institution in which the patient concerned is detained may, by warrant in the prescribed form addressed to the officer in charge of a prison, direct that the patient be detained in that prison. (8) Subject to section thirty-four and to any directions given by the Mental Health Review Tribunal in terms of subsection (6), a patient detained in terms of this section may be moved from any institution or other place to any other institution or place by the Secretary if, in the Secretary’s opinion, it is desirable for the patient’s care, treatment or control that he be so moved. (9) Where a magistrate returns a special verdict in terms of subsection (2), the verdict shall be subject to review by a judge, and subsections (1) and (4) of section 57 of the Magistrates Court Act [Chapter 7:10] and section 29 of the High Act [Chapter 7:06], shall apply, mutatis mutandis, in relation to the proceedings concerned. (10) A special verdict in terms of subsection (1) shall be regarded as a conviction for the purposes of any appeal or reservation of a question of law, and sections 34 to 41 and 44 of the High Court Act [Chapter 7:06] and sections 9 to 19 of the Supreme Court Act [Chapter 7:13] shall apply, mutatis mutandis, in relation to the proceedings concerned: Provided that, for all other purposes, a special verdict shall be regarded as an acquittal. 30 Procedure where convicted prisoner found to be mentally disordered or intellectually handicapped (1) Whenever it appears to the officer in charge of a prison that a convicted prisoner in his charge is mentally disordered or intellectually handicapped, he shall forthwith report the fact to the nearest magistrate. (2) Within twenty-four hours after receiving a report in terms of subsection (1), the magistrate shall direct two medical practitioners, one of whom shall, if practicable, be the medical officer of the prison, to examine the prisoner concerned and to inquire into his mental state, and after such examination each medical practitioner shall certify, in writing in the prescribed form, as to the prisoner’s mental state: Provided that, except in the case of a prisoner who is under sentence of death, if two medical practitioners are not available the magistrate may direct a psychiatric nurse practitioner to examine the prisoner, inquire into his mental state and give the second certificate required by this subsection. (3) Subject to subsection (4), if the magistrate, on consideration of the certificates provided in terms of subsection (2) and after such other inquiry as he thinks fit, is satisfied that the prisoner is mentally disordered or intellectually handicapped, he shall— (a) issue an order directing that the prisoner be removed to, and detained in, an institution; or (b) if it appears to him that the prisoner is a danger to others and a certificate in terms of subsection (2) which has been given by a designated medical practitioner recommends that the prisoner be detained in a special institution, issue an order directing that the prisoner be removed to, and detained in a special institution.