Part IE+W Appeal to Court of Appeal in Criminal Cases

Appeal in cases of insanityE+W

14 Hospital order on disposal of appeal.E+W

(1)Where, on an appeal under section 12 of this Act, the Court of Appeal are of opinion that the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the accused was under disability, the Court shall make an order that the appellant be admitted to such hospital as may be specified by the Secretary of State.

(2)Where in accordance with section 13(4)(b) of this Act the Court of Appeal substitute a verdict of acquittal, and they are of opinion—

(a)that the appellant is suffering from mental disorder of a nature or degree which warrants his [F1detention in a hospital for assessment (or for assessment followed by 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 that the appellant be [F2admitted for assessment] to such hospital as may be specified by the Secretary of State.

(3)Schedule 1 to this Act applies with respect to the consequences and effect of an order made by the Court of Appeal under this section.

(4)On making an order under this section in the case of any person, the Court of Appeal may give such directions as they think fit for his conveyance to a place of safety and his detention there pending his admission to hospital within the relevant period specified in Schedule 1 to this Act.

(5)In [F3section 47 of the Mental Health Act 1983] (which relates to the removal to hospital of persons serving sentences of imprisonment and is applied by [F3subsection (5)] of the section also to persons in other forms of detention) references to a person serving a sentence of imprisonment shall be construed as not including references to a person subject to an order of the Court of Appeal under subsection (1) of this section.

Textual Amendments