PART IIIPATIENTS CONCERNED IN CRIMINAL PROCEEDINGS OR UNDER SENTENCE
Appeals
F1Powers to deal with persons not guilty by reason of insanity or unfit to be tried, etc.50A
1
This Article applies where—
a
a finding is recorded that the accused is not guilty by reason of insanity; or
b
findings are recorded that the accused is unfit to be tried and that he did the act or made the omission charged against him.
2
Subject to paragraphs (3) to (5), the court shall either—
a
make an order that the accused be admitted to hospital; or
b
make in respect of the accused such one of the following orders as the court thinks most suitable in all the circumstances of the case, namely—
i
a guardianship order;
ii
subject to and in accordance with Part II of Schedule 2A, a supervision and treatment order within the meaning of that Schedule; and
iii
an order for his absolute discharge.
3
A person who is admitted to a hospital in pursuance of an order under paragraph (2)(a) shall be treated for the purposes of this Order—
a
as if he had been so admitted in pursuance of a hospital order made on the date on which the order under paragraph (2)(a) was made; and
b
if the court so directs, as if a restriction order had been made, either without limit of time or during such period as may be specified in the direction.
4
An order shall not be made under paragraph (2)(a) by a court unless an opportunity has been given to the Department to make representations to the court concerning the making of such an order.
5
A guardianship order placing a patient under the guardianship of any person shall not be made under paragraph (2)(b)(i) unless the court is satisfied that that person is willing to receive the patient into guardianship.
6
Where the offence to which the findings relate is an offence the sentence for which is fixed by law—
a
paragraphs (2)(b), (4) and (5) shall not apply; and
b
the court shall give a direction under paragraph (3)(b) without specifying any period.
7
Where the Secretary of State is notified by the responsible medical officer that a person detained in a hospital in pursuance of an order made by virtue of paragraph (1)(b) no longer requires treatment for mental disorder, the Secretary of State may remit that person for trial—
a
to the Crown Court at the place where, but for the order, he would have been tried; or
b
to a prison; or
c
to a remand centre; or
F2d
to a juvenile justice centre;
8
The provisions of Schedule 2A shall have effect with respect to supervision and treatment orders.