Page:Criminal Procedure (Insanity) Act 1964 (UKPGA 1964-84 qp).pdf/10

Section 7.

SCHEDULE 2
Amendments Relating to Courts-Martial

Part I
Amendments of Army Act 1955 and Air Force Act 1955

Section 108 (petitions against finding or sentence)	After the words “has sentenced the accused” there shall be inserted the words “or has found the accused to be unfit to stand his trial or to be not guilty by reason of insanity”.
Section 110(2) (substitution by confirming officer of different finding)	At the end of the subsection there shall be added the words “or a confirming officer may, if he is of opinion that the case is not one where there should have been a finding of not guilty, but that there should have been a finding that the accused was unfit to stand his trial, substitute a finding that the accused was unfit to stand his trial”.
Section 116(1) (finding of unfitness to stand trial)	The words “by reason of insanity” shall be omitted, and at the end of the subsection there shall be added the words:— “For purposes of this subsection ‘unfit to stand his trial’ means under any disability such as apart from the Criminal Procedure (Insanity) Act 1964 would constitute a bar to a trial on indictment in England or Wales”.
Section 116(2) (finding of insanity at time of offence charged)	For the words “was guilty of that offence but was insane at the said time” there shall be substituted the words “was not guilty of that offence by reason of insanity”.
After section 116(4)	There shall be inserted as subsection (4A) of section 116:— “(4A) Where on the trial of a person by court-martial the question arises (at the instance of the defence or otherwise) whether the accused is unfit to stand his trial, the following provisions shall have effect:— (a) the court, if having regard to the nature of the supposed disability the court is of opinion that it is expedient to do so and in the interests of the accused, may postpone consideration of the question until any time up to the opening of the case for the defence, and if before the