Air Force Act 1955 (repealed)

[F1 116A Powers to deal with person unfit to stand trial or not guilty by reason of insanityF2 U.K.

(1) This section applies where, on a trial of a person by a court-martial—

(a) the accused is found to be unfit to stand trial and to have done the act or made the omission charged against him; or

(b) the accused is found not guilty by reason of insanity.

(2) The court shall make in respect of the accused—

(a) a hospital order (with or without a restriction order);

(b) a supervision order; or

(c) an order for his absolute discharge.

(3) Where—

(a) the offence to which the finding relates is an offence the sentence for which is fixed by law, and

(b) the court has power to make a hospital order,

the court shall make a hospital order with a restriction order (whether or not it would have power to make a restriction order apart from this subsection).

(4) The functions of the court under this section shall be exercised by the judge advocate (or, where subsection (5) below applies, the judicial officer) sitting alone, and section 95(2) and (3) above shall not apply.

(5) Any function of the court under this section exercisable after an adjournment or an appeal shall be exercisable by a judicial officer if—

(a) the court ordering the adjournment, or (as the case may be) the Courts-Martial Appeal Court, so orders; or

(b) the Judge Advocate General so directs.

(6) In this Act—

• “hospital order” has the meaning given in section 37 of the Mental Health Act 1983;

• “restriction order” has the meaning given to it by section 41 of that Act;

• “supervision order” means an order which requires the person in respect of whom it is made (“the supervised person”) to be under the supervision of a person (“the supervising officer”) for a period specified in the order of not more than two years.]

Textual Amendments

F1 Ss. 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)

Textual Amendments applied to the whole legislation

F2 Act: 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