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
F1Words in s. 15(1) substituted (01.01.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para.2; S.I. 1991/2488, art. 2.
Marginal Citations