Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

5 Orders under 1964 and 1968 Acts. E+W

(1) The provisions of Schedule 1 to this Act shall apply in relation to the following orders, namely—

(a) any order made by the Crown Court under section 5 of the 1964 Act that the accused be admitted to hospital; and

(b) any order made by the Court of Appeal under section 6, 14 or 14A of the 1968 Act that the appellant be so admitted.

(2) The 1983 Act shall have effect, in its application to guardianship orders within the meaning of that Act, as if the reference in section 37(1) to a person being convicted before the Crown Court of such an offence as is there mentioned included references—

(a) to a special verdict being returned that the accused is not guilty by reason of insanity, or to findings being recorded that the accused is under a disability and that he did the act or made the omission charged against him; and

(b) to the Court of Appeal being, on an appeal against conviction or under section 12 of the 1968 Act, of such opinion as is mentioned in section 6(1) or 14(1) of that Act;

and in relation to guardianship orders made by virtue of this subsection, references in the 1983 Act to the offender shall be construed accordingly.

(3) The power to make a supervision and treatment order within the meaning given by Part I of Schedule 2 to this Act shall be exercisable, subject to and in accordance with Part II of that Schedule—

(a) by the Crown Court in cases to which section 5 of the 1964 Act applies; and

(b) by the Court of Appeal in cases to which section 6 or 14 of the 1968 Act applies;

and Part III of that Schedule shall have effect with respect to the revocation and amendment of such orders.

(4) Section 1A(1) of the M1 Powers of Criminal Courts Act 1973 shall have effect, in its application to orders for absolute discharge, as if—

(a) the reference to a person being convicted by or before a court of such an offence as is there mentioned included such references as are mentioned in subsection (2)(a) and (b) above; and

(b) the reference to the court being of opinion that it is inexpedient to inflict punishment included a reference to it thinking that an order for absolute discharge would be most suitable in all the circumstances of the case.

Commencement Information

I1 S. 5 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488, art. 2.

Marginal Citations

M1 1973 c. 62.