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Persons indicted for any offence, or brought up to be discharged for want of prosecution, and found insane, may be detained in custody.
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17. If any person indicted in Ireland for any offence shall be found to be insane by a jury lawfully impannelled for that purpose, so that such person cannot be tried upon such indictment; or if, upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment to be insane; it shall be lawful for the court, before whom such person shall be brought to be tried as aforesaid, to direct such finding to be recorded, and thereupon to order such person to be kept in strict custody, and to be taken care of, until the pleasure of the lord lieutenant shall be known; and if any person charged with any offence shall be brought before any court to be discharged for want of prosecution, and such person shall appear to be insane, it shall be lawful for such court to order a jury to be impannelled to try the sanity of such person; and if the jury so impannelled shall find such person to be insane, it shall be lawful for such court to order such person to be kept in strict custody, in such place and in such manner as to such court shall seem fit, until the pleasure of the lord lieutenant shall be known; and in all cases of insanity so found it shall be lawful for the lord lieutenant to give the like order for the safe custody and care of such person so found to be insane, as the lord lieutenant by this Act is enabled to give in the cases of persons acquitted on the ground of insanity.
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