Naval Discipline Act 1957 (repealed)

F1 63 Special finding of insane at time of trial or offence. F6 U.K.

(1) Where, on the trial of any person by court-martial, it appears to the court—

(a) that the accused is . . . F2 unfit to stand his trial; or

(b) that the accused did the act or made the omission charged, but was insane at the time when the act was done or the omission made so as not to be responsible according to law for his actions.

the court shall so find, and shall order him to be kept in custody until effect is given to the directions of [F3 the Defence Council]. [F4 For purposes of this subsection “unfit to stand his trial” means under any disability such as apart from the M1 Criminal Procedure (Insanity) Act 1964 would constitute a bar to a trial on indictment in England or Wales.]

(2) In the case of any such finding, [F3 the Defence Council] may give orders for the safe custody of the accused during Her Majesty’s pleasure in such place and manner as they think fit.

[F5 (3) Where on the trial of a person by court martial the question arises (at the instance of the defence or otherwise) whether the accused is unfit to stand his trial, the following provisions shall have effect:—

(a) the court, if having regard to the nature of the supposed disability the court is of opinion that it is expedient to do so and in the interests of the accused, may postpone consideration of the question until any time up to the opening of the case for the defence, and if before the question falls to be determined the court finds the accused not guilty of the charge or each of the charges on which he is being tried, the question shall not be determined;

(b) subject to paragraph (a) above, the question shall be determined as soon as it arises;

(c) where the accused is found unfit to stand his trial, the trial shall not proceed or further proceed.]

Textual Amendments

F1 Ss. 62A-63D and preceding cross-heading substituted (31.3.2005) for s. 63 by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 26, 60, Sch. 3 para. 3; S.I. 2005/579, art. 3(b)

F2 Words repealed by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch. 2 Pt. II

F3 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F4 Words added by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch. 2 Pt. II

F5 S. 63(3) added by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch. 2 Pt. II

Modifications etc. (not altering text)

C1 S. 63 extended by Courts-Martial (Appeals) Act 1968 (c. 20), s. 16(2)(3)

Marginal Citations

M1 1964 c. 84.

Textual Amendments applied to the whole legislation

F6 Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions