Criminal Procedure (Insanity) Act 1964
Ch. 8411
Sch. 2
| After section 116(5)—cont.
|
- (7) Where in pursuance of a finding of not guilty by reason of insanity a person is detained under section 71 of the Mental Health Act 1959, section 64 of the Mental Health (Scotland) Act 1960 or section 57 of the Mental Health Act (Northern Ireland) 1961, and the reviewing authority quashes the finding (without substituting another finding), then if the reviewing authority is of opinion—
- (a) that the person in question is suffering from mental disorder (within the meaning of the Mental Health Act 1959) of a nature or degree which warrants his detention in a hospital under observation (with or without other medical treatment) for at least a limited period; and
- (b) that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons,
- the reviewing authority shall make an order for his continued detention under the Act; and the order shall be sufficient authority for him to be detained, and the Act shall apply, as if on the date of the order he had been admitted to the hospital in pursuance of an application duly made under the Act (being in England or Wales an application for admission for observation).
- In this subsection any reference to the Mental Health Act (Northern Ireland) 1961 or any provision thereof includes any corresponding Act or provision for the time being in force in Northern Ireland.”
|
| Section 134 (persons not to be tried for offences already disposed of)
|
(1) At the end of subsection (2)(a) there shall be added the words “or of a finding by the court-martial that he is not guilty of the offence by reason of insanity”.
(2) In subsection (3) after the words “a finding of guilty of an offence” there shall be inserted the words “or of a finding of not guilty of an offence by reason of insanity”.
|
