(4) In the case of a prisoner under sentence of death, the magistrate shall, on receipt of the medical certificates in terms of subsection (2), whether they are to the effect that the prisoner is mentally disordered or intellectually handicapped or not, forthwith transmit them, together with his own report, to the Minister responsible for justice, who shall thereupon ascertain the decision of the President as to the disposal of the prisoner. (5) An order issued under subsection (3) shall have the same effect as a reception order, and the procedure laid down in Part II shall thereafter be followed. (6) An order issued under subsection (3) and any order of a judge for the further detention of a prisoner in an institution shall have the effect of suspending the warrant under which the prisoner is detained in prison. 31 Attorney-General to be informed before discharge of certain patients (1) A patient who is detained under an order issued in terms of section twenty-seven or twenty-eight shall not be discharged from the institution, special institution or other place in which he is detained unless the superintendent of the institution, special institution or other place has given the Attorney-General at least fourteen days’ notice of the proposed discharge and informed the Attorney-General, in writing, whether or not the patient is able to understand the nature of criminal proceedings and properly to conduct his defence therein: Provided that this subsection shall not apply— (a) if the Attorney-General has informed the superintendent of the institution, spe cial institution or other place that he has decided not to proceed with the prosecution of the patient; or (b) where the patient is being transferred to another institution, special institution or other place for further examination or treatment. (2) On receipt of notice of a patient’s discharge given in terms of subsection (1), the Attorney-General may, if he decides to proceed with the prosecution of the patient, issue a warrant for the patient’s removal to a prison, and the patient shall be removed to and detained in the prison on the authority of that warrant. 32 Power of Attorney-General to withdraw charges (1) Notwithstanding anything to the contrary in this Part and without derogation from the Attorney-General’s powers under any other law, if it appears to the Attorney-General that any person— (a) against whom criminal charges are pending; or (b) who is being tried for an offence but who has not yet been convicted; is mentally disordered or intellectually handicapped or was so disordered or handicapped when he allegedly committed the offence, the Attorney-General may decline to prosecute him or withdraw charges against him, as the case may be, on condition that he undergo such medical treatment for the disorder or handicap as the Attorney-General may specify. (2) Notwithstanding any other law, if a person referred to in subsection (1) fails to comply with any condition imposed by the Attorney-General in terms of that subsection, the Attorney-General may institute fresh proceedings against him in respect of the offence concerned. 33 Periodical reports on detained patients The superintendent of an institution, special institution or other place in which a patient is detained under this Part shall submit a report to the Secretary as to the mental condition of the patient at such intervals as are specified in subsection (1) of section twenty-two. 34 Transfer of patients detained under this Part The Secretary may at any time, by warrant, order the removal of a patient who is detained in an institution or special institution under this Part to any other institution, special institution or other place, there to be detained until lawfully discharged under this Act or transferred to some other place, and the patient shall be so removed and detained in accordance with the terms of the warrant: Provided that— (i) a patient such as is described in subsection (4) of section thirty shall not be transferred except on a report from a special board, unless he is being transferred to a hospital for treatment and the Secretary considers that the degree of urgency is such that it would be dangerous to delay the transfer; (ii) a patient shall not be transferred to a prison without the previous consent in writing of the Director of Prisons. 35 Discharge of patients detained under this Part (1) Subject to this section, the Mental Health Review Tribunal may order the discharge of any patient who is detained under this Part, except a patient detained in a special institution. (2) A patient who is detained in an institution or other place for which a mental hospital board has been established shall not be discharged in terms of subsection (1) unless the mental hospital board has reported on the patient’s mental state and the desirability or otherwise of his, discharge, and the Mental Health Review Tribunal has considered the report. (3) A discharge in terms of subsection (1) may be either absolute or conditional.