14Ch. 84
Criminal Procedure (Insanity) Act 1964
Sch. 2
| Section 71—cont.
|
- sentence of death would be required by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.
- (6) 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 Defence Council quash the finding (without substituting another finding), then if the Defence Council are 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 Defence Council 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.”
|
Part III
Amendments of Courts-Martial (Appeals) Act 1951
| Section 6(4) (powers of Court where appellant insane at time of offence charged)
|
There shall be substituted for the subsection:—
- “(4) If, on an appeal, the Court are of opinion—
- (a) that the proper finding would have been a finding of not guilty by reason of insanity; or
|
