Part I Appeal to Court of Appeal in Criminal Cases

Unfitness to stand trial

15 Right of appeal against finding of disability.

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.