Criminal Procedure (Insanity) Act 1964

1964 CHAPTER 84

An Act to amend the form of the special verdict required by section 2 of the Trial of Lunatics Act 1883 and the procedure for determining whether an accused person is under a disability such as to constitute a bar to his being tried; to provide for an appeal against such a special verdict or a finding that the accused is under such a disability; to confer on the court of trial and the Court of Criminal Appeal further powers of making orders for admission to hospital; to empower the prosecution to put forward evidence of insanity or diminished responsibility; and for purposes connected with the matters aforesaid.

[31st July 1964]

Extent Information

E1 For extent of this Act see s. 8(4)

Commencement Information

I1 Act wholly in force at 31.8.1964 see s. 8(3).

1 Acquittal on grounds of insanity. E+W

The special verdict required by section 2 of the M1 Trial of Lunatics Act 1883 (hereinafter referred to as a “special verdict”) shall be that the accused is not guilty by reason of insanity; and accordingly in subsection (1) of that section for the words from “a special verdict” to the end there shall be substituted the words “a special verdict that the accused is not guilty by reason of insanity”.

Marginal Citations

M1 1883 c. 38.

2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 Ss. 2, 3, 4(6) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

4 Unfitness to plead. E+W

(1) Where on the trial of a person the question arises (at the instance of the defence or otherwise) whether the accused is under disability, that is to say under any disability such that apart from this Act it would constitute a bar to his being tried, the following provisions shall have effect.

(2) The court, if having regard to the nature of the supposed disability the court are of opinion that it is expedient so to do and in the interests of the accused, may postpone consideration of the said question (hereinafter referred to as “the question of fitness to be tried”) until any time up to the opening of the case for the defence, and if before the question of fitness to be tried falls to be determined the jury return a verdict of acquittal on the count or each of the counts on which the accused is being tried that question shall not be determined.

(3) Subject to the foregoing subsection, the question of fitness to be tried shall be determined as soon as it arises.

(4) The question of fitness to be tried shall be determined by a jury; and—

(a) where it falls to be determined on the arraignment of the accused, then if the trial proceeds the accused shall be tried by a jury other than that which determined that question;

(b) where it falls to be determined at any later time it shall be determined by a separate jury or by the jury by whom the accused is being tried, as the court may direct.

(5) Where in accordance with subsection (2) or (3) of this section it is determined that the accused is under disability, the trial shall not proceed or further proceed.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F2 Ss. 2, 3, 4(6) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

F3 S. 4(7) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Prospective

4A F4 Finding that the accused did the act or made the omission charged against him. E+W

(1) This section applies where in accordance with section 4(5) above it is determined by a jury that the accused is under a disability.

(2) The trial shall not proceed or further proceed but it shall be determined by a jury—

(a) on the evidence (if any) already given in the trial; and

(b) on such evidence as may be adduced or further adduced by the prosecution, or adduced by a person appointed by the court under this section to put the case for the defence,

whether they are satisfied, as respects the count or each of the counts on which the accused was to be or was being tried, that he did the act or made the omission charged against him as the offence.

(3) If as respects that count or any of those counts the jury are satisfied as mentioned in subsection (2) above, they shall make a finding that the accused did the act or made the omission charged against him.

(4) If as respects that count or any of those counts the jury are not so satisfied, they shall return a verdict of acquittal as if on the count in question the trial had proceeded to a conclusion.

(5) A determination under subsection (2) above shall be made—

(a) where the question of disability was determined on the arraignment of the accused, by a jury other than that which determined that question; and

(b) where that question was determined at any later time, by the jury by whom the accused was being tried.

Textual Amendments

F4 Ss. 4 and 4A substituted (prosp.) for s. 4 by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss.2, 8, 9(2)

5 Orders for admission to hospital. E+W

(1) Where—

(a) a special verdict is returned, or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(c) a finding is recorded that the accused is under disability,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

the court shall make an order that the accused be admitted to such hospital as may be specified by the Secretary of State.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3) The provisions in that behalf of Schedule 1 to this Act shall have effect in relation to orders for admission to hospital made under this section.

(4) Subject to the provisions of the said Schedule, if while a person is detained in pursuance of an order under paragraph (c) of subsection (1) of this section the Secretary of State, after consultation with the responsible medical officer, is satisfied that the said person can properly be tried, the Secretary of State may remit that person to prison, or to a remand centre provided under section 43 of the M2 Prison Act 1952, for trial . . . F8 ; and on his arrival at the prison or remand centre the order under subsection (1)(c) shall cease to have effect.

In relation to persons ordered under section 2 of the M3 Criminal Lunatics Act 1800 to be kept in custody this subsection and paragraph 2(2) of Schedule 1 to this Act shall apply as if the order were an order under subsection (1)(c) of this section.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F5 S. 5(1)(b) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

F6 S. 5(1)(d) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

F7 S. 5(2)(5) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

F8 Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

Marginal Citations

M2 1952 c. 52.

M3 1800 c. 94.

6 Evidence by prosecution of insanity or diminished responsibility. E+W

Where on a trial for murder the accused contends—

(a) that at the time of the alleged offence he was insane so as not to be responsible according to law for his actions; or

(b) that at that time he was suffering from such abnormality of mind as is specified in subsection (1) of section 2 of the M4 Homicide Act 1957 (diminished responsibility),

the court shall allow the prosecution to adduce or elicit evidence tending to prove the other of those contentions, and may give directions as to the stage of the proceedings at which the prosecution may adduce such evidence.

Marginal Citations

M4 1957 c. 11.

7 Courts-martial. U.K.

In the Army Act 1955 and the Air Force Act 1955, in the Naval Discipline Act 1957 and in the Courts Martial (Appeals) Act 1951 there shall be made at the places mentioned in the first column in Parts I, II and III respectively of Schedule 2 to this Act the amendments provided for by that Schedule (being amendments designed to make in relation to courts-martial provision similar to sections 1 to 5 of this Act).

Modifications etc. (not altering text)

C1 The text of S. 7, Sch. 2 Pt. I, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8 Short title, interpretation, commencement, extent and repeals. U.K.

(1) This Act may be cited as the Criminal Procedure (Insanity) Act 1964.

(2) In this Act—

• “special verdict” has the meaning assigned by section 1 of this Act,

• “under disability” has the meaning assigned by section 4 of this Act,

• “verdict of acquittal” does not include a special verdict, and any reference to acquittal shall be construed accordingly,

and other expressions used in this Act and in [F9 the Mental Health Act 1983] have the same meanings in this Act as in [F9 Part III] of that Act; and references to that Act in [F9 sections 137 to 139] thereof shall include references to Schedule 1 to this Act.

(3) This Act shall come into operation at the time of expiration of a period of one month beginning with the day on which it was passed:

Provided that—

(a) sections 1, 4(1) to (5), 5(1)(a) and (c) and 6 shall not apply where the accused was arraigned before the said time;

(b) sections 2, 4(6) and 5(1)(b) and (d) shall apply whenever the accused was arraigned, but section 2 shall not apply where a special verdict was returned before the said time, section 4(6) where a finding that the accused is under disability was recorded before that time, or section 5(1)(b) or (d) where the hearing of the appeal began before that time;

(c) section 7 shall apply in relation to courts-martial whenever commenced, except that it shall not have effect in relation to any finding come to by a court-martial before the said time or affect the procedure in a court-martial commenced before that time for determining the question whether the accused is unfit to stand his trial.

(4) This Act, except as respects courts-martial and matters arising out of proceedings in courts-martial, shall extend to England and Wales only.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F9 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 18(a)

F10 S. 8(5) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

SCHEDULES

[[F11 F12 SCHEDULE 1]] E+W

Textual Amendments

F11 Sch. 1 repealed (prosp.) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 8(3), 9(2), Sch.4 (with s. 8)

F12 Sch. 1 substituted by Criminal Appeal Act 1968 (c. 19), Sch. 5 Pt. I

[F13 Effect of Orders for Admission to Hospital] E+W

Textual Amendments

F13 Sch. 1 repealed (prosp.) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 8(3), 9(2), Sch.4 (with s. 8)

[F14 1 (1) An order for admission to hospital under section 5(1) of this Act shall be sufficient authority for any person acting under the authority of the Secretary of State to take the person to whom the order relates and convey him at any time within the period of two months (beginning with the date on which the order was made) to the hospital specified by the Secretary of State.

(2) The court by which any such order as aforesaid is made may give such directions as it thinks fit for the conveyance of a person to whom the order relates to a place of safety and his detention therein pending his admission to the hospital within the said period of two months.

(3) Where a person is admitted within the said period to the hospital specified by the Secretary of State, an order under section 5(1) of this Act shall be sufficient authority for the managers to detain him in the hospital in accordance with [F15 sections 37 and 41 of the Mental Health Act 1983] as applied by the next following paragraph.]

Textual Amendments

F14 Sch. 1 para. 1 repealed (prosp.) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 8(3), 9(2), Sch.4 (with s. 8).

F15 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 18(b)(i)

[F16 2 (1) A person who is admitted to a hospital in pursuance of an order under section 5(1) of this Act shall be treated for the purposes of [F17 the Mental Health Act 1983] as if he had been so admitted in pursuance of a hospital order made (on the date of the order under section 5(1) of this Act) under [F17 section 37] of that Act, together with [F18 a restriction order] made under [F19 section 41] of that Act without limitation of time.

(2) For the purposes of section 5(4) of this Act, a person shall not be treated as detained in pursuance of an order at any time after the Secretary of State has directed (under [F20 section 42 of the said Act of 1983]) that the said person shall cease to be subject to the special restrictions set out in [F20 section 41] of that Act.

(3) In the application of [F21 section 40(5) of the Mental Health Act 1983] to orders under section 5(1) of this Act, [F22 the reference in the said section 40(5)] to a conviction included a reference to a special verdict and to a finding that the accused was under disability.]

Textual Amendments

F16 Sch. 1 para. 2 repealed (prosp.) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 8(3), 9(2), Sch.4 (with s. 8)

F17 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 18(b)(ii)

F18 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 33

F19 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 18(b)(ii)

F20 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 18(b)(iii)

F21 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 18(b)(iv)

F22 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 18(b)(iv)

Section 7.

SCHEDULE 2 U.K. Amendments relating to Courts-Martial

Part I U.K. Amendments of Army Act 1955 and Air Force Act 1955

Modifications etc. (not altering text)

C2 The text of S. 7, Sch. 2 Pt. I, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 108 (petitions against finding or sentence)	After the words “has sentenced the accused” there shall be inserted the words “or has found the accused to be unfit to stand his trial or to be not guilty by reason of insanity”.
Section 110(2) (substitution by confirming officer of different finding)	At the end of the subsection there shall be added the words “or a confirming officer may, if he is of the opinion that the case is not one where there should have been a finding that the accused was unfit to stand his trial, substitute a finding that the accused was unfit to stand his trial”.
Section 116(1) (finding of unfitness to stand trial)	The words “by reason of insanity” shall be omitted, and at the end of the subsection there shall be added the words:— “For purposes of this subsection unfit to stand his trial means under any disability such as apart from the Criminal Procedure (Insanity) Act 1964 would constitute a bar to a trial on indictment in England and Wales”.
Section 116(2) (finding of insanity at time of offence charged)	For the words “was guilty of that offence but was insane at the said time” there shall be substituted the words “was not guilty of that offence by reason of insanity”.
After section 116(4)	there shall be inserted as subsection (4A) of section 116:— (4A) 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 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, but if the question is determined at a time later than on arraignment, the confirming officer or reviewing authority may substitute a finding of not guilty (other than a finding of not guilty by reason of insanity), if of opinion that the court should before that time have come to such a finding.
Section 116(5) (revision, confirmation and review of finding of guilty but insane)	(1) There shall be omitted from the beginning of the subsection to the words “save as aforesaid”.
	(2) In the phrase “other findings of guilty” the word “other” shall be omitted.
After section 116(5)...	There shall be added as subsections (6) and (7) of section 116:— (6) where the confirming officer or reviewing authority substitutes for a finding of not guilty by reason of insanity a finding of guilty of an offence, the confirming officer or reviewing authority shall have the like powers of sentencing the accused and other powers as the court-martial would have had on the like finding of guilty, and any sentence imposed shall be promulgated and have effect as would a sentence duly substituted by the confirming officer or reviewing authority for a sentence of the court-martial: Provided that the confirming officer or reviewing authority shall not have power by virtue of this subsection to impose a sentence of death, and where apart from this proviso a sentence of death would be required by law, the sentence shall (whatever the circumstances) be one of imprisonment for life. (7) Where in pursuance of a finding of not guilty by reason of insanity a person is detained under section 71 of the Mental health Act 1959, section 64 of the Mental Health (Scotland) Act 1960 or section 57 of the Mental Health Act (Northern Ireland) 1961, and the reviewing authority quashes the finding), then if the reviewing authority is of opinion— (a) that the person in question is suffering from mental disorder (within the meaning of the Mental Health Act 1959) of a nature or degree which warrants his detention in a hospital under observation (with or without other medical treatment) for at least a limited period; and (b) that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons, the reviewing authority shall make an order for his continued detention under the Act; and the order shall be sufficient authority for him to be detained, AND THE Act shall apply, as if on the date of the order he has been admtted to the hospital in pursuance of an application duly made under the Act (being in England or Wales an application for admission for observation). In this subsection any reference to the Mental Health Act (Northern Ireland) 1961 or any provision thereof includes any corresponding Act or provision for the time being in force in Northern Ireland.
Section 134 (persons not to be tried for offences already disposed of)...	(1) At the end of subsection (2)(a) thereshall be added the words “or of a finding by the court-martial that he is not guilty of the offence ny the reason of insanity”.
	(2) In subsection (3) after the words “a finding of guilty of an offence” there shall be inserted the words “or of a finding of not guilty of an offence by reason of insanity”.

Part II U.K. Amendments of Naval Discipline Act 1957

Modifications etc. (not altering text)

C3 The text of Sch. 2 Pt. II, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, save for those portions repealed by the Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 63 (findings of insane at time of trial or offence)	In subsection (1)(a) the words “by reason of insanity” shall be omitted, and at the end of the subsection there shall be added the words:— “For purposes of this subsection “unfit to stand his trial” means under any disability such as apart from the Criminal Procedure (Insanity) Act 1964 would constitute a bar to a trial on indictment in England and Wales.”
	(2) At the end of the section there shall be added as subsection (3):— (3) Where on the trial of a person by court-martial the question arises (at the instance of the defence or otherwise) wherther 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 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 of 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.
Section 70(1)... ... (review of findings of guilty and sentences)	After the words “and any sentence awarded in respect of such a finding” there shall be inserted the words “and any finding by a court-martial under section 63(1) of this Act that a person is unfit to stand his trial or is not guilty by reason of insanity”.
Section 70(2)... ... (petitions against finding or sentence)	After the words “by a court-martial” there shall be inserted the words “or found thereunder to be unfit to stand his trial or to be not guilty by reason of insanity”.
Section 70(3)... ... (effect on duty to review, where appeal against conviction is lodged)	After the words “against a conviction by court-martial under this Part of this Act” there shall be inserted the words “or a finding of a court-martial under section 63(1)”, and after the words “that conviction” there shall be added the words “ or finding”.
Section 71... ... (power to quash or alter findings)	(1) In subsection (1)(b) after the words “some other finding of guilty” there shall be inserted the words “or of not guilty by reason of insani ty”.
	(2) At the end of subsection (1) there shall be added as paragraphs (c) and (d):— (c) where the finding is that the accused was unfit to stand his trial, and that question was determined at a time later than on the commencement of the trial, substitute a finding of not guilty (other than a finding of not guilty by reason of insanity), if the Defence Council are of opinion that the court should before that time have come to such a finding ; (d) substitute a finding that the accused was unfit to stand his trial, if the Defence Council are of opinion that the case is not one where there should have been a finding of not guilty, but that there should have been a finding that the accused was unfit to stand his trial.
	(3) After subsection (4) there shall be added as subsections (5) and (6):— (5) Where a finding of guilty of an offence is substituted by the Defence Council under this section for a finding of not guilty by reason of insanity, the Defence Council shall have the like powers of sentencing the accused and other powers as the court-martial would have had on the like finding of guilty, and the sentence shall be treated for all purposes as the sentence of the court-mart ial: Provided that the Defence Council shall not have power by virtue of this subsection to impose a sentence of death, and where apart from this proviso a sentence of death would be required by law, the sentence shall (whatever the circumstances) be one of imprisonment for life. (6) Where in pursuance of a finding of not guilty by reason of insanity a person is detained under section 71 of the Mental Health Act 1959, section 64 of the Mental Health (Scotland) Act 1960 or section 57 of the Mental Health (Northern Ireland) 1961, and the Defence Council quash the finding (without substituting another finding), then if the Defence Council are of opinion— (a) that the person in question is suffering from mental disorder (within the meaning of the Mental Health Act 1959) of a nature or degree which warrants his detention in hospital under observation (with or without other medical treatment) for at least a limited period; and (b) that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons, the Defence Council shall make an order for his continued detention under the Act; and the order shall be sufficient authority for him to be detained, and the Act shall apply, as if on the date of the order he had been admitted to the hospital in pursuance of an application duly made under the Act (being in England or Wales an application for admission for observation). In this subsection any reference to the Mental Health Act (Northern Ireland) 1961 or any provision thereof includes any corresponding Act or provision for the time being in force in Northern Ireland.

Part III U.K. . . . F23

Textual Amendments

F23 Sch.2. Pt. III repealed by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 6.