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Changes over time for: Section 168


Llinell Amser Newidiadau
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No versions valid at: 25/07/2007
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Point in time view as at 25/07/2007. This version of this provision is not valid for this point in time.

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Changes to legislation:
Armed Forces Act 2006, Section 168 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Yn ddilys o 28/03/2009
168Findings of insanityU.K.
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adran has no associated
Nodiadau Esboniadol
(1)This section applies where on the trial of a person by the Court Martial the court is satisfied, as respects the charge or any of the charges on which he is being tried, that—
(a)the defendant did the act charged against him as the offence; but
(b)at the time of that act he was insane.
(2)The court must find that the defendant was not guilty of that offence by reason of insanity.
(3)No finding under this section may be made except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved within the meaning given by section 172.
(4)Section 160 (Court Martial decisions) does not apply to a determination or finding under this section, but—
(a)the question whether the court is satisfied as mentioned in subsection (1) above is to be determined by the members of the court other than the judge advocate (“the lay members”); and
(b)the court is so satisfied if, on a vote on the question whether they are so satisfied, a majority of the lay members are in favour.
(5)In this section “act” includes an omission and references to the doing of an act are to be read accordingly.
Yn ôl i’r brig