Criminal Appeal Act 1968

THE CRIMINAL PROCEDURE (INSANITY) ACT 1964 (c. 84)

For Schedule 1 to the Act there shall be substituted the following Schedule:—

“SCHEDULE 1 EFFECT OF ORDERS FOR ADMISSION TO HOSPITAL

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 sections 60 and 65 of the [1959 c. 72.] Mental Health Act 1959 as applied by the next following paragraph.

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 the Mental Health Act 1959 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 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 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 section 66 of the said Act of 1959) that the said person shall cease to be subject to the special restrictions set out in section 65 of that Act.

(3) In the application of section 63(5) of the Mental Health Act 1959 to orders under section 5(1) 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.”