Criminal Appeal Act 1968

Unfitness to stand trialE+W

15 Right of appeal against finding of disability.E+W

(1)Where there has been a determination under section 4 of the M1Criminal Procedure (Insanity) Act 1964 of the question of a person’s fitness to be tried, and the jury has returned [F1findings that he is under a disability and that he did the act or made the omission charged against him, the person may appeal to the Court of Appeal against either or both of those findings] .

(2)An appeal under this section may be—

(a)on any ground of appeal which involves a question of law alone; and

(b)with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal;

but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.

Textual Amendments

Marginal Citations

16 Disposal of appeal under s. 15.E+W

(1)The Court of Appeal shall allow an appeal under section 15 of this Act [F2against a finding that the appellent is under a disability or that he did the act or made the omission charged against him] if they are of opinion—

(a)that the finding of the jury should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or

(b)that the order of the court giving effect to the finding should be set aside on the ground of a wrong decision of any question of law; or

(c)that there was a material irregularity in the course of the determination of [F3the relevant question];

and in any other case F4 . . .shall dismiss the appeal; but they may dismiss the appeal if of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(3)Where the Court of Appeal allow an appeal under section 15 of this Act against a finding that the appellant is under a disability—

(a)the appellant may be tried accordingly for the offence with which he was charged; and

(b)the Court may [F7, subject to section 25 of the Criminal Justice and Public Order Act 1994,]] make such orders as appear to them necessary or expedient pending any such trial for his custody, release on bail or continued detention under the Mental Health Act 1983;

and Schedule 3 to this Act has effect for applying provisions in Part III of that Act to persons in whose case an order is made by the Court under this subsection.

(4)Where, otherwise than in a case falling within subsection (3) above, the Court of Appeal allow an appeal under section 15 of this Act against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity).

Textual Amendments

F7Words in s. 16(3)(b) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 21; S.I. 1995/721, art. 2, Sch. Appendix A