Section 217 Administration of Criminal Justice Law (ACJL) Lagos

Section 217 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Procedure when defendant is suspected to be of unsound mind. It provides as follows:

(1) When a Judge or Magistrate holding a trial has reason to suspect that the defendant is of unsound mind and consequently incapable of making his defence, the Judge or Magistrate shall in the first instance investigate the fact of such unsoundness of mind.

(2) Such investigation may be held in the absence of the defendant if the Court is satisfied that owing to the state of mind of the defendant it would be in the interests of the safety of the defendant or of other persons or in the interests of public decency that he should be absent, the Court may receive as evidence a certificate in writing signed by a medical officer to the effect that such defendant is in his opinion of unsound mind and incapable of making his defence or is a proper person to be detained for observation in a mental health asylum, or the Court may, if it deems fit, take oral evidence from a medical officer on the state of mind of such defendant.

(3) If the Judge or Magistrate is not satisfied that such person is capable of making his defence, the Court shall postpone the trial and shall remand such person for a period not exceeding one (1) month to be detained for observation in a mental health asylum.

(4) The medical officer shall keep such person under observation during the period of his remand and before the expiration of such period shall certify under his hand to the Court his opinion as to the state of mind of such person, and if he is unable within the period to form any definite conclusion, shall so certify to the Court and shall ask for a further remand. Such further remand may extend to a period of
two (2) months.

(5) Any Court before which a person suspected to be of unsound mind is accused of any offence may, on the application of a Law Officer, made at any stage of the proceedings prior to the trial, order that such person be sent to a mental health asylum for observation. The medical officer may, notwithstanding
any other provision of Law, detain any such defendant for such period, not exceeding one (1) month, as may be necessary to enable him to form an opinion as to the state of mind of such defendant, and shall forward a copy of his opinion, in writing, to the Court.

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