10Ch. 84
Criminal Procedure (Insanity) Act 1964
Sch. 2
| After section 116(4)—cont.
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- question falls to be determined the court finds the accused not guilty of the charge or each of the charges on which he is being tried, the question shall not be determined;
- (b) subject to paragraph (a) above, the question shall be determined as soon as it arises;
- (c) where the accused is found unfit to stand his trial, the trial shall not proceed or further proceed, but if the question is determined at a time later than on arraignment, the confirming officer or reviewing authority may substitute a finding of not guilty (other than a finding of not guilty by reason of insanity), if of opinion that the court should before that time have come to such a finding.”
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| Section 116(5) (revision, confirmation and review of finding of guilty but insane)
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(1) There shall be omitted from the beginning of the subsection to the words “save as aforesaid”.
(2) In the phrase “other findings of guilty” the word “other” shall be omitted.
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| After section 116(5)
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There shall be added as subsections (6) and (7) of section 116:—
- “(6) Where the confirming officer or reviewing authority substitutes for a finding of not guilty by reason of insanity a finding of guilty of an offence, the confirming officer or reviewing authority shall have the like powers of sentencing the accused and other powers as the court-martial would have had on the like finding of guilty, and any sentence imposed shall be promulgated and have effect as would a sentence duly substituted by the confirming officer or reviewing authority for a sentence of the court-martial :Provided that the confirming officer or reviewing authority shall not have power by virtue of this subsection to impose a sentence of death, and where apart from this proviso a sentence of death would be required by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.
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