Cap. 525 Art. 36Detention for observation of persons charged with a criminal offence. Cap. 220.

(1) Where in the course of any proceedings on the charge of a criminal offence the question of the mental capacity of the accused, whether at the time of the offence or of the proceedings arises, the court shall request independent specialist opinion in order to assist it in establishing whether it would be necessary or expedient to order that the accused be admitted to a licensed facility for forensic patients for observation, and may also give such other directions as may be appropriate.

(2) Where an order is made as provided in subarticle (1), the period of the detention of the accused shall be regulated by the court by which the order has been made, and such order shall be sufficient authority for the detention of the accused in the licensed facility for the period allowed by court: Provided that an order as provided in sub-article (1) shall be reviewed by the court at intervals of not more than three months and in such review the court shall hear independent specialist opinion.

(3) For the purposes of this article, the expression "criminal offence" includes a military offence under the Malta Armed Forces Act.