Textual Amendments
F1In Sch. 3, crossheading and para. 6 substituted (1.4.1997) by 1996 c. 46, s. 5, SCh. 1 Pt. IV para. 103(5), S.I. 1997/304, art. 2 (with art. 3)
F26(1)Where on a trial by the court the question arises (whether at the instance of the defence or otherwise)—U.K.
(a)whether the accused is fit to stand trial, or
(b)where it appears to the court that the accused did the act or made the omission constituting the offence with which he is charged, whether he was insane at the time of the act or omission concerned,
the court shall adjourn the hearing and refer the case to the prosecuting authority.
(2)For the purposes of this paragraph a person is unfit to stand trial if he is under a disability such that apart from the M1Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales.]
Textual Amendments
F2Sch 3 para. 6 substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 103(5); S.I. 1997/304, art. 2 (with art. 3)
Marginal Citations