SCHEDULES
Section 5.
SCHEDULE 1Effect of Orders for Admission to Hospital
1(1)An order for admission to hospital under subsection (1) or (2) of section 5 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, in the case of an order under the said subsection (1), or seven days, in the case of an order under the said subsection (2), 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 the person to whom the order relates to a place of safety and his detention therein pending his admission to the hospital within the relevant period mentioned in the foregoing sub-paragraph.
(3)Where a person is admitted within the said period to the hospital specified by the Secretary of State, any such order as aforesaid shall be sufficient authority for the managers to detain him in the hospital in accordance with the provisions of the Mental Health Act 1959, as applied by the next following paragraph in the case of an order under the said subsection (1) or paragraph 3 of this Schedule in the case of an order under the said subsection (2).
2(1)A person who is admitted to a hospital in pursuance of an order under subsection (1) of section 5 of this Act shall be treated for the purposes of the said Act of 1959 as if he had been so admitted in pursuance of a hospital order made, on the date of the first-mentioned order, under section 60 of that Act, together with an order restricting discharge made under section 65 of that Act without limitation of time.
(2)For the purposes of subsection (4) of section 5 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 section 66 of the said Act of 1959) that the said person shall cease to be subject to the special restrictions set out in the said section 65.
3A person who is admitted to a hospital in pursuance of an order under subsection (2) of section 5 of this Act shall be treated for the purposes of Part IV of the said Act of 1959 as if he had been admitted on the date of the order in pursuance of an application for admission for observation duly made under the said Part IV.
4In the application of subsection (5) of section 63 of the said Act of 1959 to orders under subsection (1)(a) and (c) of section 5 of this Act, the proviso to section 63(5) shall have effect as if the reference to a conviction included a reference to a special verdict and to a finding that the accused was under disability.
Section 7.
SCHEDULE 2Amendments relating to Courts-Martial
PART IAmendments of Army Act 1955 and Air Force Act 1955
Section 108
| 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)
| At the end of the subsection there shall be added the words " or a confirming officer may, if he is 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, substitute a finding that the accused was unfit to stand his trial ". |
Section 116(1)
| 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 or Wales”. |
Section 116(2)
| 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 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, 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)
| (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 (without substituting another 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 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.” |
Section 134
| (1) At the end of subsection (2)(a) there shall be added the words " or of a finding by the court-martial that he is not guilty of the offence by 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 IIAmendments of Naval Discipline Act 1957
Section 63
| (1) 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 or 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) 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.” |
Section 70(1)
| 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)
| 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)
| 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
| (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 insanity ". (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-martial: 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 Act (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 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 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 IIIAmendments of Courts-Martial (Appeals) Act 1951
Section 6(4)
| There shall be substituted for the subsection:— “(4)If, on an appeal, the Court are of opinion— (a)that the proper finding would have been a finding of not guilty by reason of insanity; or (b)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; the Court shall order the appellant to be kept in custody under section 63 of the Naval Discipline Act 1957, section 116 of the Army Act 1955 or section 116 of the Air Force Act 1955, as the case may require, in like manner as on a finding of not guilty by reason of insanity or a finding of unfitness to stand trial by the court-martial by which the appellant was convicted.” |
| After section 13 | There shall be inserted as section 13A the section set out at the end of this Part of this Schedule. |
Section 20
| At the end of the section there shall be added as subsection (3):— “(3)This section shall apply in the case of a finding by a court-martial of not guilty by reason of insanity as it applies in the case of the conviction of a person by court-martial, and references in subsection (2) to the person convicted shall be construed accordingly.” |
Section 13A to be inserted in Courts-Martial (Appeals) Act 1951
13AAppeals against findings of unfitness to stand trial or of not guilty by reason of insanity.
(1)A person found by a court-martial to be unfit to stand his trial, or to be not guilty of an offence by reason of insanity, may, with the leave of the Court, appeal to the Court against the finding; and (subject to the provisions of this section) in relation to any such appeal this Part of this Act, except section 6(1) to (4), shall apply as it applies in relation to an appeal by a person convicted against his conviction (with the necessary adaptations of references to a person convicted or to a conviction).
(2)Where apart from this subsection—
(a)an appeal against a finding of not guilty by reason of insanity would fall to be allowed; and
(b)none of the grounds for allowing it relates to the question of the insanity of the appellant;
the Court may dismiss the appeal if of opinion that but for the insanity of the appellant the proper finding would have been that he was guilty of an offence other than the offence charged.
(3)Where an appeal against a finding of not guilty by reason of insanity is allowed, section 5(2) of this Act shall not apply, but—
(a)if the ground, or one of the grounds, for allowing the appeal is that the finding as to the appellant's insanity ought not to stand and the Court are of opinion that the proper finding would have been a finding of guilty of an offence (whether the offence charged or any other offence of which the court-martial could have found him guilty), the Court shall substitute for the finding of the court-martial a finding of guilty of that offence, and shall have the like powers of sentencing him and other powers as the court-martial would have had on the like finding of guilty, and section 6(5) of this Act shall apply as in the case of a sentence passed by the Court under the preceding subsections of that section;
(b)in any other case, the Court shall substitute for the finding a finding of not guilty:
Provided that the Court 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.
(4)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 Court in accordance with subsection (3)(b) above substitute a finding of not guilty, then (subject to section 6(4) of this Act as applied by this section) if the Court 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 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 Court shall make an order for his continued detention under the Act; and the order shall be sufficient authority for him to be 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.
(5)Where there is an appeal against a finding that the accused was unfit to stand his trial, then—
(a)where that question was determined by the court-martial at a time later than on arraignment or, in the case of a naval court-martial, later than on the commencement of the trial, the appeal may be allowed (notwithstanding that the finding was properly come to) if the Court are of opinion that the case is one in which the court-martial should before that time have come to a finding of not guilty;
(b)if the Court are of that opinion, the Court shall substitute a finding of not guilty, and the appellant shall then not be liable to be tried by a court-martial or by any other court for the offence with which he was charged;
(c)subject to paragraph (b) above, where the appeal is allowed, the appellant may be tried accordingly for the said offence, and if he is for the time being detained under the Mental Health Act 1959, the Mental Health (Scotland) Act 1960 or the Mental Health Act (Northern Ireland) 1961, the Court may make such order as appears to the Court necessary or expedient pending any such trial for his continued detention under that Act.
In this subsection references to a finding of not guilty do not include a finding of not guilty by reason of insanity.
Table of Statutes referred to in this Act
| Short Title | Session and Chapter |
|---|---|
| Criminal Lunatics Act 1800 | 39 & 40 Geo. 3. c. 94. |
| Trial of Lunatics Act 1883 | 46 & 47 Vict. c. 38. |
| Criminal Appeal Act 1907 | 7 Edw. 7. c. 23. |
| Courts-Martial (Appeals) Act 1951 | 14 & 15 Geo. 6. c. 46. |
| Prison Act 1952 | 15 & 16 Geo. 6. & Eliz. 2. c. 52 |
| Army Act 1955 | 3 & 4 Eliz. 2. c. 18. |
| Air Force Act 1955 | 3 & 4 Eliz. 2. c. 19. |
| Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 | 3 & 4 Eliz. 2. c. 20. |
| Homicide Act 1957 | 5 & 6 Eliz. 2. c. 11. |
| Naval Discipline Act 1957 | 5 & 6 Eliz. 2. c. 53. |
| Mental Health Act 1959 | 7 & 8 Eliz. 2. c. 72. |
| Mental Health (Scotland) Act 1960 | 8 & 9 Eliz. 2. c. 61. |
| Administration of Justice Act 1960 | 8 & 9 Eliz. 2. c. 65. |