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Part IU.K. Appeal to Court of Appeal from Crown Court

Modifications etc. (not altering text)

C1Ss. 1-30 (Pt. I) extended (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))

Appeal in cases of insanityU.K.

11 Appeal against conviction: substitution of finding of insanity.U.K.

[F1(1)If, on an appeal, it appears to the Court of Appeal that, although the appellant did the act or made the omission charged against him, he was an insane person at the time the act was done or the omission made, the Court may—

(a)quash the conviction and direct that a finding of not guilty on the ground of insanity be entered; and

(b)quash the sentence passed at the trial and make any such order as may be made under [F2Article 50 of the Mental Health Order] (admission to hospital of persons found not guilty by reason of insanity).]

[F3(2)If, on an appeal, it appears to the Court of Appeal that the case is not one where there should have been a verdict of acquittal, but that there should have been a finding that the accused was unfit to be tried, the Court may—

(a)quash the conviction and any sentence passed at the trial; and

(b)make any such order as may be made under Article 49 of the Mental Health Order (admission to hospital of persons found unfit to be tried).]

Textual Amendments

F1By S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I it is provided that section 11 is renumbered as subsection (1) of that section

12 Appeal against finding of not guilty on ground of insanity.U.K.

(1)A person in whose case a finding is recorded under [F4Article 50(1) of the Mental Health Order] that he was not guilty of the offence charged on the ground of insanity may appeal against that finding to the Court of Appeal—

(a)on any ground of appeal which involves a question of law alone; and

(b)with the leave of the Court, on any ground of appeal which involves a question of fact alone or a question of mixed law and fact, or any other ground which appears to the Court to be a sufficient ground of appeal;

but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or of mixed law and fact, an appeal lies under this section without the leave of the Court.

(2)The Court, on an appeal under this section, shall (subject to subsections (3) and (4) below) allow the appeal where the Court is of opinion—

(a)that the finding should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or

(b)that any order made by the court of trial upon, or giving effect to, the finding should be set aside on the ground of a wrong decison of any question of law; or

(c)that there was a material irregularity in the course of the trial,

and in any other case shall dismiss the appeal.

(3)The Court may dismiss an appeal under this section if of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.

(4)Where but for this subsection—

(a)an appeal under this section 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 accused the proper verdict would have been that he was guilty of an offence other than the offence charged.

Textual Amendments

13 Disposal of appeal allowed under s. 12.U.K.

(1)The following provisions apply where an appeal under section 12 of this Act is allowed in accordance with that section.

(2)If the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand, but the Court of Appeal is of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the Court—

(a)shall substitute for the finding of not guilty on the ground of insanity a verdict of guilty of that offence; and

(b)subject to subsection (3) below, shall have the like powers of punishing or otherwise dealing with the appellant and all other powers as the court of trial would have had if the jury had returned that verdict.

(3)Where the offence mentioned in subsection (2) above is one for which the sentence fixed by law is one of death or of imprisonment for life, the sentence shall (whatever the circumstances) be one of imprisonment for life.

(4)In a case where the Court allows an appeal under section 12 above but subsection (2) of this section does not apply, the Court shall substitute for the finding of the jury a verdict of acquittal.

(5)An order of the Court allowing an appeal under section 12 of this Act shall operate as a direction to the chief clerk acting for the court of trial to amend the record to conform with the order.

[F5(5A)Where, on an appeal under section 12, the Court is of opinion that the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the accused was unfit to be tried, the Court may make any such order as may be made under Article 49 of the Mental Health Order (admission to hospital of persons found unfit to be tried).]

(6)Where in accordance with subsection (4) of this section the Court substitutes a verdict of acquittal for a finding of not guilty on the ground of insanity, any order previously made in consequence of that finding under [F6Article 50(2)] of the Mental Health [F7Order] shall cease to have effect, so however that if the Court is of opinion—

[F8(a)that the appellant is suffering from mental disorder of a nature or degree which warrants his detention in a hospital for assessment (or for assessment followed by medical treatment); and

(b)that failure to so detain him would create a substantial likelihood of serious physical harm to himself or to other persons.]

the Court may make an order that he be detained in any hospital in which he was detained by virtue of an order under the said [F6Article 50(2)]; and Schedule 2 to this Act shall apply as to the consequences and effect of an order made by the Court under this subsection.

Textual Amendments