(b) When it is proposed to tender any evidence given by any witness at the original trial as evidence at the retrial in accordance with the provisions of paragraph 8 of the said Schedule the convening officer shall send to the accused as soon as practicable and in any case not less than 24 hours before his trial, and also to the President, the Judge Advocate (if any) and the Prosecutor a copy of any such evidence."
(4) In Rule 89:
(a) for the heading "INSANITY" there shall be substituted the heading "UNFITNESS TO STAND TRIAL AND INSANITY";
(b) for paragraphs (1) and (2) there shall be substituted the following:
(1) Where on the trial of a person the question of his fitness to be tried falls to be determined in accordance with the provisions of subsection (4A) of section 116 of the Act, the court shall take evidence as to his condition. If after considering the evidence they are of the opinion that the accused is fit to stand his trial, they shall proceed with the trial; but if they are of the opinion that the accused is unfit to stand his trial they shall so find and their finding shall be announced in open court forthwith and as being subject to confirmation.
(2) If a court, in the course of their deliberation on their finding on a charge find pursuant to subsection (2) of section 116 of the Act that the accused was not guilty of the offence by reason of insanity their finding shall be announced in open court forthwith and as being subject to confirmation.
(5) In paragraphs (1), (2) and 3) of Rule 101 after the words "court martial" there shall be inserted the words "or who has been found by a court-martial to be unfit to stand his trial or to be not guilty by reason of insanity".
(6) In paragraph (6) of the Fourth Schedule for the words "Where the accused is unfit to stand his trial by reason of insanity" to the words "guilty but insane", there shall be substituted the following
unfit to stand his trial.
not guilty by reason of insanity."
Dennis Healey,
One of Her Majesty's
Principal Secretaries of State.
Dated 23rd November 1964 .
EXPLANATORY NOTE
(This Note is not part of the Rules, but is intended to indicate their general purport.)
These Rules amend the Rules of Procedure (Army) 1956, by making provision for the procedure to be followed where a retrial is authorised by the Courts-Martial Appeal Court or a reviewing authority under Schedule 1 of the Criminal Appeal Act, 1964, and for the new forms of findings resulting from Schedule 2 of the Criminal Procedure (Insanity) Act, 1964.
