Page:Criminal Procedure (Insanity) Act 1964 (UKPGA 1964-84 qp).pdf/16

Sch. 2

Section 6(4)—cont.	(b) 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; the Court shall order the appellant to be kept in custody under section 63 of the Naval Discipline Act 1957, section 116 of the Army Act 1955 or section 116 of the Air Force Act 1955, as the case may require, in like manner as on a finding of not guilty by reason of insanity or a finding of unfitness to stand trial by the court-martial by which the appellant was convicted.”
After section 13	There shall be inserted as section 13A the section set out at the end of this Part of this Schedule.
Section 20 (special references to the Court)	At the end of the section there shall be added as subsection (3):— “(3) This section shall apply in the case of a finding by a court-martial of not guilty by reason of insanity as it applies in the case of the conviction of a person by court-martial, and references in subsection (2) to the person convicted shall be construed accordingly.”

Section 13A to be inserted in Courts-Martial (Appeals) Act 1951

Appeals against findings of unfitness to stand trial or of not guilty by reason of insanity. 13A.—(1) A person found by a court-martial to be unfit to stand his trial, or to be not guilty of an offence by reason of insanity, may, with the leave of the Court, appeal to the Court against the finding; and (subject to the provisions of this section) in relation to any such appeal this Part of this Act, except section 6(1) to (4), shall apply as it applies in relation to an appeal by a person convicted against his conviction (with the necessary adaptations of references to a person convicted or to a conviction).

(2) Where apart from this subsection―

(a) an appeal against a finding of not guilty by reason of insanity would fall to be allowed; and

(b) none of the grounds for allowing it relates to the question of the insanity of the appellant;

the Court may dismiss the appeal if of opinion that but for the insanity of the appellant the proper finding would have been that he was guilty of an offence other than the offence charged.

(3) Where an appeal against a finding of not guilty by reason of insanity is allowed, section 5(2) of this Act shall not apply, but―

(a) if the ground, or one of the grounds, for allowing the appeal is that the finding as to the appellant’s insanity ought not to stand and the Court are of opinion that the proper finding