12Ch. 84
Criminal Procedure (Insanity) Act 1964
Sch. 2
Part II
Amendments of Naval Discipline Act 1957
| Section 63 (findings of insane at time of trial or offence)
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(1) In subsection (1)(a) 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.”
(2) At the end of the section there shall be added as subsection (3):—
- “(3) 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 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.”
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| Section 70(1) (review of findings of guilty and sentences)
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After the words “and any sentence awarded in respect of such a finding” there shall be inserted the words “and any finding by a court-martial under section 63(1) of this Act that a person is unfit to stand his trial or is not guilty by reason of insanity”.
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