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Standing mute or refusing to recognise the Court.
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6.—(1) Whenever a person charged in the Central Criminal Court or in the Circuit Court with any crime or offence stands mute when called upon to plead to such charge, no jury shall be sworn for the trial of the issue whether such person so stands mute of malice or by the visitation of God, but in lieu thereof the Judge shall himself hear such evidence (if any) relevant to that issue as may then and there be adduced before him and, if the Judge is satisfied on such evidence that such person is mute by the visitation of God, all such consequences shall ensue as would have ensued if a jury sworn for the purpose had found that such person was so mute by the visitation of God, but if the Judge is not satisfied as aforesaid or if no such evidence is so adduced the Judge shall direct a plea of “not guilty” to be entered for such person.
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(2) Whenever a person charged in the Central Criminal Court or in the Circuit Court with any crime or offence fails or refuses in any way, other than standing mute, to plead to such charge when called upon so to do, the Judge shall (without prejudice to his powers under the next following sub-section of this section) direct a plea of “not guilty” to be entered for such person.
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(3) Whenever a person, charged in the Central Criminal Court or in the Circuit Court with any crime or offence, at any stage of his trial in such Court on such charge by any act or omission displays gross disrespect of the Court or refuses to recognise the Court or refuses to recognise the authority or jurisdiction of the Court or does any act (other than standing mute or lawfully objecting in due form of law to the jurisdiction of the Court to try him on such charge) which in the opinion of the Judge is equivalent to a refusal to recognise the Court or the authority or jurisdiction thereof, or in any other way acts disrespectfully or contumaciously towards the Court, such person shall be guilty of an offence against the Court and the Judge may forthwith sentence him to suffer a term of imprisonment not exceeding six months.
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(4) When a person is sentenced under the foregoing sub-section of this section to suffer a term of imprisonment, the Judge shall at his discretion either—
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(a) direct that such person shall suffer such imprisonment forthwith, in which case such person shall thereupon be removed in custody and imprisoned in accordance with such sentence, and the trial of such person on the charge on which he was being tried when he was so sentenced shall stand adjourned to the sittings of such Court or, in the case of the Circuit Court, to the sittings of such Court for the trial of criminal issues in that county or county borough, next after his release from such imprisonment, and upon such release he shall be detained in custody as if he had been returned for trial at the sittings to which his trial so stands adjourned, or
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(b) proceed with the trial of such person, in which case such person shall suffer imprisonment in accordance with such sentence as from the conclusion of and in addition to such other punishment (if any) as he may have been sentenced to at such trial or, where for any reason he was not sentenced to any such other punishment at such trial, as from the conclusion of such trial but where no verdict was found at such trial such sentence shall not prevent such person after he has suffered such imprisonment being again tried on the charge in respect of which such failure to find a verdict occurred.
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