(1)The Court of Appeal shall allow an appeal under section 15 of this Act 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 the question of fitness to be tried;
and in any other case (except one to which subsection (2) below applies) 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.
(2)An appeal under section 15 of this Act may, in a case where the question of fitness to be tried was determined later than on arraignment, be allowed by the Court of Appeal (notwithstanding that the finding was properly come to) if the Court are of opinion that the case is one in which the accused should have been acquitted before the question of fitness to be tried was considered; and, if an appeal is allowed under this subsection, the Court of Appeal 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).
(3)Subject to subsection (2) above, where an appeal under section 15 of this Act is allowed, the appellant may be tried accordingly for the offence with which he was charged, and the Court of Appeal may make such orders as appear to them to be necessary or expedient pending any such trial for his custody, [F1release on] bail or continued detention under [F2the Mental Health Act 1983]; and Schedule 3 to this Act has effect for applying provisions in [F2Part III] of that Act to persons in whose case an order is made by the Court of Appeal under this subsection.
Textual Amendments
F1Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 39
F2Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(f)