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Part IIU.K. Discipline and Trial and Punishment of Air-Force Offences

Modifications etc. (not altering text)

C1Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2

[F1Findings of unfitness to stand trial and insanity]U.K.

Textual Amendments

F1Ss. 115A-116D and cross-heading substituted for s. 116 and cross-heading (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 1 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)

[F1116Findings of insanity F2U.K.

(1)Where, on the trial of a person by court-martial, the court is satisfied, as respects the charge or any of the charges on which he is being tried, that the accused did the act or made the omission charged against him as the offence but that at the time of that act or omission he was insane, the court shall find that the accused was not guilty of that offence by reason of insanity.

(2)No finding under subsection (1) above shall be made except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.]

Textual Amendments applied to the whole legislation

F2Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2