Criminal Procedure (Insanity) Act 1964
Ch. 8413
Sch. 2
| Section 70(2) (petitions against finding or sentence)
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After the words “by a court-martial” there shall be inserted the words “or found thereunder to be unfit to stand his trial or to be not guilty by reason of insanity”.
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| Section 70(3) (effect on duty to review, where appeal against conviction is lodged)
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After the words “against a conviction by court-martial under this Part of this Act” there shall be inserted the words “or a finding of a court-martial under section 63(1)”, and after the words “that conviction” there shall be added the words “or finding”.
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| Section 71 (power to quash or alter findings)
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(1) In subsection (1)(b) after the words “some other finding of guilty” there shall be inserted the words “ or of not guilty by reason of insanity”.
(2) At the end of subsection (1) there shall be added as paragraphs (c) and (d):—
- “(c) where the finding is that the accused was unfit to stand his trial, and that question was determined at a time later than on the commencement of the trial, substitute a finding of not guilty (other than a finding of not guilty by reason of insanity), if the Defence Council are of opinion that the court should before that time have come to such a finding;
- (d) substitute a finding that the accused was unfit to stand his trial, if the Defence Council are 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.”
(3) After subsection (4) there shall be added as subsections (5) and (6):—
- “(5) Where a finding of guilty of an offence is substituted by the Defence Council under this section for a finding of not guilty by reason of insanity, the Defence Council 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 the sentence shall be treated for all purposes as the sentence of the court-martial:
- Provided that the Defence Council shall not have power by virtue of this subsection to impose a sentence of death, and where apart from this proviso a
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