Criminal Appeal Act 1968

6 Substitution of finding of insanity or unfitness to plead

(1) Where, on an appeal against conviction, the Court of Appeal are of opinion—

(a) that the proper verdict would have been one of not guilty by reason of insanity ; or

(b) 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) 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.

(3) 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 by Schedule 1 to this Act.

(4) In section 72 of the [1959 c. 72.] Mental Health Act 1959 (which relates to the removal to hospital of persons serving sentences of imprisonment and is applied by subsection (6) of the section 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 this section.