Cap. 525 Art. 37Persons ordered to be kept in custody on plea of insanity. Cap. 9. Cap. 220. Cap. 9.

Where an order has been made by a court of criminal jurisdiction under article 402(4), or under article 525(3) or under article 623 of the Criminal Code or by a court martial under article

122 of the Malta Armed Forces Act, upon a finding that the accused was insane at the time of the offence, whether or not he is insane at the time of the criminal proceedings, or if found to be insane at the time of the proceedings, or by any other court under any other provision of law upon similar grounds, directing that the accused be kept in custody in a licensed facility for forensic patients, the accused shall be conveyed to and detained and kept in custody in that licensed facility by virtue of the order of the court and shall be treated as if he were a patient liable to be detained in the licensed facility under Part IV subject to the following restrictions: submission of a report by three specialists, one of whom is the responsible specialist, that the person can be so discharged. The court may remit the accused to prison for the continuation of the proceedings on the charge preferred against him, subject to the application thereafter of the provisions of the Criminal Code relating to the granting of bail;

(b) leave of absence can be given to the patient as part of the treatment plan following the approval granted and under such conditions imposed by the Minister responsible for justice. An application for leave to the Minister responsible for justice shall be made by the responsible specialist responsible for the patient during his stay in a licensed facility, on the prescribed form in accordance with the Fifteenth Schedule. The Minister responsible for justice or the responsible specialist may recall the patient at any time and order the police in accordance with Part II of the Ninth Schedule to take the patient in custody and convey him to the licensed facility;

(c) notwithstanding any other provisions of this Act, the Minister responsible for justice may, if satisfied that the attendance at any place in Malta of a patient liable to be detained by virtue of a court order is desirable in the interests of justice or for the purpose of any public enquiry or for any other public interest, direct that he be taken to that place; and where such a direction is so given the patient shall be so taken and be kept in custody while being taken, while at that place and while being taken back to the licensed facility in which he is liable to be detained; and

(d) no application or reference may be made to the Commissioner in respect of the patient provided that the Minister responsible for justice may refer the case of the patient to the Commissioner for advice.