Criminal Appeal (Northern Ireland) Act 1980

13 Disposal of allowed appeal under s. 12

(1) The following provisions apply where an appeal under section 12 of this Act is allowed in accordance with that section.

(2) If the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand, but the Court of Appeal is of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the Court

(a) shall substitute for the finding of not guilty on the ground of insanity a verdict of guilty of that offence; and

(b) subject to subsection (3) below, shall have the like powers of punishing or otherwise dealing with the appellant and all other powers as the court of trial would have had if the jury had returned that verdict.

(3) Where the offence mentioned in subsection (2) above is one for which the sentence fixed by law is one of death or of imprisonment for life, the sentence shall (whatever the circumstances) be one of imprisonment for life.

(4) In a case where the Court allows an appeal under section 12 above but subsection (2) of this section does not apply, the Court shall substitute for the finding of the jury a verdict of acquittal.

(5) An order of the Court allowing an appeal under section 12 of this Act shall operate as a direction to the chief clerk acting for the court of trial to amend the record to conform with the order.

(6) Where in accordance with subsection (4) of this section the Court substitutes a verdict of acquittal for a finding of not guilty on the ground of insanity, any order previously made in consequence of that finding under section 56(3) of the [1961 c. 15 (N.I.).] Mental Health Act (Northern Ireland) 1961 shall cease to have effect, so however that if the Court is of opinion—

(a) that the appellant is suffering from mental illness or that he requires special care or is suffering from mental disorder of a nature or degree which warrants his detention in a hospital under section 12 of the said Act of 1961; and

(b) that he ought to be so detained in the interests of his own health or safety or for the protection of other persons,

the Court may make an order that he be detained in any hospital in which he was detained by virtue of an order under the said section 56(3); and Schedule 2 to this Act shall apply as to the consequences and effect of an order made by the Court under this subsection.