Courts-Martial (Appeals) Act 1968

16 Substitution of finding of insanity or unfitness to plead

(1) This section applies in a case where, on an appeal, the Appeal Court are of opinion—

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

(b) that the case is not one where there should have been a finding of not guilty, but that there should have been a finding that the accused was unfit to stand his trial.

(2) The Appeal Court shall order the appellant to be kept in custody under the relevant Service enactment in like manner as on a finding of not guilty by reason of insanity or a finding of unfitness to stand trial by the court-martial by which the appellant was convicted.

(3) In subsection (2) above, the " relevant Service enactment" means—

• section 63 of the Naval Discipline Act;

• section 116 of the Army Act; or

• section 116 of the Air Force Act,

(being enactments which provide for a person to be kept in custody until the pleasure of Her Majesty is made known), according to whether the appellant was convicted by a naval, army or air force court-martial.