Procedure in cases of persons guilty of offences, etc

(1) On the conviction by a court of competent jurisdiction of any person of any criminal offence punishable in the case of an adult with imprisonment, or on a child brought before a court under any law, being found liable to be sent to a certified institution or an industrial school, the court, if satisfied on medical evidence that he is a defective within the meaning of this Part, may either, (a) postpone passing sentence or making an order for committal to a certified institution or an industrial school, and direct that a petition be presented to a judicial authority under this Part with a view to obtaining an order that he be sent to an institution or placed under supervision or guardianship; or 22 (b) in lieu of passing sentence or making an order for committal to a certified institution or an industrial school, itself make any order which if a petition had been duly presented under this Part the judicial authority might have made, which order shall have the like effect as if it had been made by a judicial authority on a petition under this Part, but if the court is a court of summary jurisdiction and the case is one which the court has power to deal with summarily, the court, if it finds the charge is proved, may give such directions or make such order as specified in paragraph (a) or (b) of this subsection without proceeding to a conviction, and such person shall for the purposes of this Part be deemed to be a person found guilty of an offence. (2) The court may act either on the evidence given during the trial or other proceedings, or may call for further medical or other evidence. (3) Where the court so directs a petition to be presented against a person, it may order him to be detained in an institution for defectives or in a place of safety for such time as is required for the presentation of the petition and the adjudication thereof. (4) Where it appears to any court of summary jurisdiction by which a person charged with an offence is remanded or committed for trial that such person is a defective, the court may order that pending the further hearing or trial he shall be detained in an institution for defectives, or be placed under the supervision or guardianship of any person on that person entering into a recognisance for his appearance. (5) Where it appears to the Commissioner of Police that any person charged with an offence is a defective, he shall bring before the court such evidence relating to the mental condition of that person as may be available. 23 (6) Where it is intended to bring such evidence before the court, the Commissioner of Police shall give notice of the intention to the person charged, and to his parent or guardian, if known.