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;

F3and on his arrival at the Crown Court, prison, remand centreF4 orF2 juvenile justice centre the order shall cease to have effect.

8

The provisions of Schedule 2A shall have effect with respect to supervision and treatment orders.