THE PSYCHIATRIC FACTOR

A court can refer an accused for psychiatric assessment if, for example, the defence uses temporary insanity as an argument, says Llewellyn Curlewis, a criminal law expert and lecturer at the University of Pretoria.

It can also happen in a case where it’s argued the accused can’t be held accountable for their deeds due to mental illness or disability.

The case is then postponed and the accused admitted to a psychiatric facility for 30 days.

“The director of the facility will then appoint a team of psychiatrists and experts to monitor the accused.”

At the end of the assessment period the team of experts submit a report in which they make recommendations regarding the accused’s fitness to stand trial. The final decision lies with the court, so even if the report indicates the accused might not have been accountable because of a mental condition, they won’t necessarily get off scot-free.

If the court finds in favour of the mental-illness defence, it can order that the accused becomes a state patient in a psychiatric facility – probably for life, seeing as the person is a danger to themselves and society.

Even if the accused is found to have experienced a moment of insanity and the court accepts this, the court can still order that the person become a permanent patient in a state psychiatric facility.